Akila Begum v. Mr.Krishnamoorthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 2.7.2019

CORAM

THE HONOURABLE DR.JUSTICE VINEET KOTHARI AND THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Contempt Petition No.1035 of 2019 Akila Begum Petitioner

Versus

Mr.Krishnamoorthy The Deputy Director, Town and Country Planning, 83, Pidamanari Road, Appavu Nagar, Dharmapuri.

Respondent Prayer: Petition under Section 11 of the Contempt of Court Act arising out of order dated 4.4.2019 in W.M.P.No.10839 of 2019 in W.P.No.10287 of 2019.

For petitioner : Mr.M.D.Thirunavukkarasu For Respondent : Mr.V.Jayaprakash Narayanan, Government Pleader

ORDER

(Order of the court was made by Dr.VINEET KOTHARI, J.) This Contempt Petition is filed by Akila Begum for the alleged breach of the order dated 4.4.2019 passed by this court in W.P.No.10287 of 2019 whereby the Court had directed the Respondent that subject to deposit of Rs.10,00,000/- within a period of one week from the date of order viz., 4.4.2019 which period was extended by the court by subsequent order dated 12.4.2019 in W.M.P.Nos.11848 and 11849 of 2019 in W.P. No.10287 of 2019 (Akila Begum v. The Principal Secretary, Housing and

Urban Development and others).

2.

The learned counsel for the petitioner Mr.D.Thirunavukkarasu urged before us that the said amount of Rs.10,00,000/- was deposited with the respondent, Deputy Director, Town and Country Planning on 9.4.2019 and an Application for regularisation was also submitted. 3.

However, the learned Government Pleader, Mr.V.Jayaprakash Narayanan, appearing for the Respondent submitted that the Application submitted by the petitioner is not a complete one and relevant documents were not furnished as directed by this court. He further submitted that the Application of the petitioner is under consideration and there are certain deviations in the construction for which, a detailed notice dated 10.5.2019 has been sent.

4. Subject to the aforesaid deposit and submitting of an Application, the court had directed for de-sealing of the property in question, however, the proceedings on the Application of the petitioner could have been undertaken by the Department concerned irrespective of such de-sealing of the property.

5. In such circumstances, we dispose of the present Contempt Petition with a direction to the Respondent-Authorities to undertake the proceedings on the Application of the Petitioner expeditiously and complete the same within a period of four weeks from today. The petitioner is directed to cooperate for such proceedings and furnish all the relevant

documents and the Appellate Authority to pass separate orders in the matter. However, the property in question shall be desealed immediately and it will remain subject to and abide by the final order(s) passed by the Authority concerned on the aforesaid Application of the petitioner. The proceedings, at whatever stage pending, whether on Application of the petitioner or before the Appellate Authority, where some Appeal is said to be pending, shall be completed within four weeks from today by the Authorities concerned.

With these observations, the Contempt Petition is disposed of.

SD/- ASSISTANT REGISTRAR(COMM.CASES) ssk //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/12/07/2019 To The Deputy Director, Town and Country Planning, 83, Pidamanari Road, Appavu Nagar, Dharmapuri.