G.Rajkumar v. Palanisamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12..08..2021

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Contempt Petition No.869 of 2019 and W.P.No.19660 of 2019 Cont.P.No.869 of 2019 G.Rajkumar Mannaickenpatti west village, Valapadi Post & Taluk,Salem District ... Petitioner .. Vs ..

Mr.Palanisamy, Executive Officer, O/o. S.Valapadi town Panchayat, Thammampatti Mair Road, S.Valapadi & Post Taluk, ... Respondent Prayer :- Petition is filed under Section 11 of The Contempt of Courts Act, 1971, praying to punish the respondent for his willful disobedience and non-compliance of the order of this court dated 23.10.2018 made in W.P.No.24586 of 2018. For Petitioner : Mr.C.Prakasam For Respondent : Mr.V.Jayaprakash Narayanan 1 / 4

W.P.No.19660 of 2019 Thillaikarasi ... Petitioner -Versus1.The Commissioner/Director, Town and Country Planning Department, Chengalvaraya Naicker Building 3rd and 4th Floor, Anna Salai, LIC Opposite, Chennai 600002.

2.The Zonal Deputy Director, Town and Country Planning Department, No.6, Sannathi Street, Subramania Nagar, Suramangalam, Salem-5.

3.The Executive Officer, O/o S.Valapadi Town Panchayat, Thammampatti Main Road, S.Valapadi & Post & Taluk, 4.G.Rajkumar ... Respondents Prayer: Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned notice issued by the 3rd respondent in his proceeding sin Na.Ka.No.567/2018/A2 dated 24,.05.2019 to lock and seal the petitioner's building on 06.06.2019 at 11.00 a.m. in respect of the RCC Terraced Commercial Building owned by the petitioner in D.No.31, 31/1, 31/2, 31/3, 31/4, 31/5, 35/6 at Ward No.9, Survey Field No.179/9B, Salem to Cuddalore Main Road n S.Valapadi Village and Town Panchayat Valapady Taluk, Salem District and to quash the same and also to issue a direction to the 3rd respondent to file closure report of compliance of the deviation by the petitioner. 2 / 4

For petitioner : Mr.M.Vivekanandan For respondents : Mr.L.S.M.Hassan Fizal, GA for RR1 &2 Mr.V.Jayaprakash Narayanan for R3 Mr.C.Prakasam for R4 COMMON ORDER [Order of the Court was made by M.M.SUNDRESH,J.] Alleging that the order dated 23.10.2018 made in W.P.No.24586 of 2018 has not been complied with, the present contempt petition has been filed.

2. The learned counsel for the respondent submitted that action has been taken by locking and sealing the premises and against which the petitioner herein has filed a writ petition in W.P.No.19660 of 2019.

3. In view of the above, the contempt petition stands closed. The Registry is directed to list the writ petition before the single Judge Bench which is dealing with the subject matter in the writ petition as per roster. The writ petition shall be listed in the usual course. Liberty is given to the contempt petitioner to implead herself as a party respondent in the pending writ petition. SD/- ASSISTANT REGISTRAR(COMM.CASES) kmk //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) 3 / 4

from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/07/02/2022 To, The Executive Officer, O/o. S.Valapadi town Panchayat, Thammampatti Mair Road, S.Valapadi & Post Taluk, Copy to, The Section Officer, Writ Section, High court Madras-104 4 / 4