P.Sundar v. Anshul Mishra Ias
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.08.2023 Coram The Honourable Mr. Justice S.VAIDYANATHAN The Honourable Mr. Justice S.SOUNTHAR P.Sundar .. Petitioner vs Thiru Anshul Mishra I.A.S.
The Member Secretary, Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarasan Maligai No.8, Gandhi Irwin Road, Egmore, Chennai-600 008.
..Respondents Contempt Petition filed under Section 11 of the Contempts of Courts Act, to punish the Respondent for violating the Common Order of this Court dated 11.04.2022 passed in W.P.No.620 of 2022. For Petitioner Mr.R.Sreerangan For Respondents :
Mrs.P.Veena Suresh for CMDA
O R D E R
(Order of the Court was made by S.VAIDYANATHAN, J) Today, when the matter was taken up for hearing, it was represented by the learned counsel for the Respondent that an application filed by the violators under Section 113-C of Town and Country Planning Act, 1971 (in short 'the Act') is still pending.
2. In view of the same, the Respondent shall take a decision on the application filed under section 113-C of the Act, as expeditiously as possible, in case there is no impediment / interim order to do so. The Authority is directed to conduct enquiry/proceedings on a day-to-day basis, without adjourning the matter beyond seven working days at any point of time to bring the issue to a logical end. We are informed that several Applications under Section 80-A are pending for years even after the orders of this Court. In appropriate cases, if Contempt is filed, and in case, there is wilful and deliberate disobedience, this Court will impose imprisonment, and imposition of fine shall be secondary, to make the officials to work, and to comply with the orders of this Court within the time granted.
3. Further, we direct the officials to adhere to the decision in W.P.(MD) No. 16120 of 2023, dated 30.08.2023 (N.Sankar v. The Principal Secretary, Town and Country Planning, Government of Tamil Nadu and three others) to avoid disciplinary proceedings being initiated against them.
4. With the above observations, this Contempt Petition stands closed. However, the petitioner is at liberty to seek his remedy before the appropriate forum in the manner known to law. (S.V.N.,J) (S.S.,J) 24.08.2023 To Thiru Anshul Mishra I.A.S.
The Member Secretary, Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarasan Maligai No.8, Gandhi Irwin Road, Egmore, Chennai-600 008.
S.VAIDYANATHAN, J.
S.SOUNTHAR, J.
24.08.2023
S. VAIDYANATHAN, J.
S.SOUNTHAR, J.
This matter is listed today under the caption "for being mentioned". 2.This contempt petition was closed vide order dated 24.08.2023, on a perusal of which, we are of the view that paragraph 3 therein, shall read as under:
"3. Further, we direct the officials to ensure that there are no encroachments and if any building is constructed, the same shall be in accordance with the plan."
Registry is directed to issue fresh order copy to the learned counsel for the petitioner after carrying out the aforesaid amendment. (S.V.N., J.) (S.S., J.) 03.11.2023