Mrs. Romana, v. Thiru. J.Kumaragurubaran Amd 4 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2025

CORAM:

THE HONOURABLE Mr.JUSTICE V.LAKSHMINARAYANAN and Sub Application No.690 of 2025 Romana W/o.Mr.Jayaraj Represented by her Power Agent Mr.S.Stephen Suresh Kumar ... Petitioner Vs 1.Thiru J.Kumaragurubaran Commissioner Corporation of Chennai Rippon Building, Chennai - 600 003.

2.Dr.S.Prabhakar Member Secretary Chennai Metropolitan Development Authority Gandhi Irwin Road, Egmore, Chennai - 600 008. 3.Mr.Krishnan Bharanidharan Assistant Engineer (Division VIII) CMWSSB Board 297, Konnur High Road Ayanavaram, Chennai - 600 023.

... Respondents [Corrected the name of 3rd respondent as per order made in Cont.P.No.1890 of 2025, dated 12.09.2025] 1/6

Prayer : Contempt Petition filed under Section 11 and 12 of the Contempt of Court Act, 1961, to punish the respondents 1 to 5 herein for their wilful disobedience of the order dated 07.03.2025 and violation of their statement recorded by this Court, while disposing of the writ petition in W.P.No.8176 of 2022.

For Petitioner : Mr.S.Thanka Sivan For Respondents : Dr.N.Paul Sunder Singh Standing Counsel for CMWSSB [R3]

ORDER

The contempt petition has been filed alleging willful disobedience on part of the respondents in complying with the orders of this Court in W.P.No.8176 of 2022.

2. By an order dated 12.09.2025, I recorded the fact that the writ petition in W.P.No.8176 of 2022 came to be ordered on the undertaking that was given by CMWSSB, that no action of laying pipelines would be effected in the premises, claimed to be owned by the petitioner.

3. The petitioner's grievance is that, after the writ petition had been closed, the respondents in collusion with the local Councillor and her husband 2/6

had effected water connections to the alleged illegal occupants. I took note of the fact that what cannot be done directly, cannot be done indirectly, and therefore, the illegal connection that has been effected was directed to be disconnected forthwith.

3. The grievance of the respondents was that the police officials were not affording protection, while they were attempting to disconnect the illegal water connection.

4. I noted that in Indian Penal Code, as well as the Bharatiya Nyaya Sanhita, 2023, sufficient provisions have been incorporated to enable the officials of the Government to lodge a complaint, in case they are obstructed during performance of their official duties. Though the respondents pleaded that they had lodged a complaint, no record or the proof for receipt of the same was given by the third respondent. Consequently, I directed the third respondent to implement his undertaking that has been given by CMWSSB in the writ petition forthwith, and if necessary, to take appropriate police protection for the same. Accordingly, I adjourned the matter to enable the third respondent to implement the order.

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5. Today, when the matter was called, the third respondent has filed an affidavit that after taking assistance of the Deputy Commissioner of Police, Kilpauk, Chennai-600 010, the illegal water connection has been disconnected as undertaken by them before this Court. Since the orders have been complied with, I do not find any necessity to continue with the contempt proceedings. The contempt petition stands closed.

6. At this stage, Mr.S.Thanka Sivan pleaded that it has become a habit of the respondents to give an undertaking and get the proceedings closed and thereafter, revive the illegal connection all over again. If such an event occurs again, liberty is granted to the contempt petitioner to file an appropriate application to revive the contempt, as well to implead the persons who are violating the orders of the Court. Consequently, connected sub-application is also closed.

16.09.2025 Index:Yes/No Speaking order / Non-speaking order ds 4/6

To:

1.The Commissioner Corporation of Chennai Rippon Building, Chennai - 600 003.

2.The Member Secretary Chennai Metropolitan Development Authority Gandhi Irwin Road, Egmore, Chennai - 600 008. 3.The Assistant Engineer (Division VIII) CMWSSB Board 297, Konnur High Road Ayanavaram, Chennai - 600 023.

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V.LAKSHMINARAYANAN,J.

ds 16.09.2025 6/6