Madras High CourtCONT P/824/2020closed

S Rajarathinam v. R Srinivasan

2021-09-17Honourable Mr Justice V.Sivagnanam,Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.09.2021

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Contempt Petition No.824 of 2020 S.Rajarathinam, No.180, MGR Street, Thandai Periyar Nagar, Korattur, Chennai 600 080 ..Petitioner vs R.Srinivasan, The Assistant Secretary, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai 600 005.

..Respondent PRAYER : Petition filed under section 11 of the Contempt of Courts Act, to punish the respondent for the non-compliance of the order dated 19.12.2019 passed in WP.No.29952 of 2019.

For Petitioner : Mr.J.S.Arunkumar For Respondent : Mr.T.N.C.Kowshick -----

O R D E R

This Contempt Petition has been filed against the non-compliance of the order and direction issued by this Court in WP.No.29952 of 2019, dated 19.12.2019.

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2. Mr.J.S.Arunkumar, learned counsel for the petitioner would submit that the above Writ Petition was filed for removal of encroachment and this Court by order dated 19.12.2019, directed the respondent herein to consider the representation of the petitioner.

3. Mr.T.N.C.Kouwshick, learned Government Counsel appearing for the respondent would state the respondent has already removed 90% of the encroachment put up by the petitioner's neighbor. Since the construction of the building is not yet completed, 10% could not be removed. After completing the construction, the respondent undertakes to remove the remaining encroachment in the area in dispute.

4. Recording the submissions of the learned Government Counsel, this contempt petition is closed. However, if the encroachment is not fully removed, the petitioner is at liberty to file a fresh contempt petition. SD/- ASSISTANT REGISTRAR(COMM.CASES) pvs //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/26/10/2021 2 / 3

To The Assistant Secretary, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai 600 005.

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