P.Thambidurai v. Balasubramanian

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY Contempt Petition No.883 of 2019 P.THAMBIDURAI .. Petitioner Vs 1 BALASUBRAMANIAN ZONAL OFFICER, ZONE-7 WARD NO.83 GREATER CHENNAI CORPORATION AMBATTUR CHENNAI-600053.

2 ASHOK KUMAR ASSISTANT ENGINEER ZONE-7 WARD NO.83 GREATER CHENNAI CORPORATION K.V.K.SAMY STREET (INSIDE THE URBAN HEALTH CENTRE) AMBATTUR, CHENNAI-600 053.

PRESENTLY AT STATION VIEW ROAD (OPP. KORATTUR BUS STAND) KORATTUR, CHENNAI - 600 050.

3 D.GOPPINATH ASSISTANT ENGINEER (O AND M) ZONE-7, WARD NO.83 TNEB, ANNAI NAGAR KORATTUR, CHENNAI-600076 .. Respondents PRAYER: Petition under Section 11 of the Contempt of Courts Act to punish the respondents for various lapses which they made in the case of the petitioner with regard to the disobedience to the procedures established in Town and

(2) Country Planning Act 1971 in accordance with the order of this Court passed in W.P.No.14422 of 2018, dated 07.12.2018. For Petitioner : Mr.J.Milton Arul Rajendran For Respondents : Mr.V.C.Selvasekaran

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the contempt petition to punish the respondents for the disobedience of the order dated 7.12.2018 passed in W.P.No.14422 of 2018.

2. We have taken into consideration the status report filed by the respondents, wherein they have stated that further action will be initiated against respondents 4 to 7 in the writ petition (private respondents) under the provisions of the Tamil Nadu Town and Country Planning Act, 1971.

3. Mr.V.C.Selvasekaran, learned counsel appearing for the respondents submitted that pursuant to the order passed by this Court in the writ petition, the respondents have taken action against respondents 4 to 7 in the writ petition and that the said private respondents filed an appeal before the Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai, and the same is pending. Further, the learned counsel produced a

(3) copy of the notice dated 18.6.2019 issued to the petitioner as well as other private respondents calling upon them to appear for an enquiry on 3.7.2019.

4. From the notice produced by the learned counsel for the Corporation, it is clear that the respondents have taken action in relation to the unauthorised construction put up by respondents 4 to 7 in the writ petition. In these circumstances, we do not find any reason to keep the contempt petition pending.

In such view of the matter, the contempt petition is closed. No costs.

SD/- ASSISTANT REGISTRAR(COMM.CASES) sasi //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

MV/01/08/2019