S. Kalimuthu v. Mr. Ragavendiran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10..08..2021

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MS. JUSTICE P.T.ASHA Contempt Petition No.1573 of 2019 S.Kalimuthu, Devendra Street, Dharapuram 638 656, Tirupur District ... Petitioner .. Vs ..

Mr.Ragavendiran, Executive Officer, Dharapuram, Tiruppur District.

... Respondent Prayer :- Petition is filed under Section 11 of The Contempt of Courts Act, 1971, praying to punish the respondent for having willfully disobeyed the order of this court dated 11.06.2018 made in W.P.No.3021 of 2018. W.P.No.13936 of 2020 1.K.Sarojadevi 2.K.Baladevi Bala 3.K.Manikandamani ... Petitioners -Versus1.The District Collector, Tirupur District, Tirupur.

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2.The Revenue Divisional Officer, Revenue Divisional Officer, 3.The Blcok Development Officer/ Special Officer, Dharapuram Block, Tirupur District.

4.The Executive Authority, 5.The President, 6.S.Kalimuthu [6th respondent suo motu impleaded as per order of this court dated 15.12.2020 made in W.P.No.13936 of 2020] ... Respondents Prayer:- Petition filed under Article 226 of The Constitution of India, praying to issue a writ of certiorarified mandamus calling for the records relating to the proceedings of the 5th respondent in her proceedings unnumbered dated 04.03.2020 and to quash the same and for a consequential direction to the 3rd respondent to arrive at a decision on the application of the petitioner seeking building approval/permission on merits. 2 / 5

For Petitioner Mr.A.K.Sridharan for petitioner in Cont.P.No.1573 of 2019 and 6th respondent in W.P.No.13936 of Mr.S.Angamuthu for petitioners in W.P.No.13936 of 2020 For Respondents Mr.V.Jayaprakash Narayanan for sole respondent in Cont.P.No.1573 of 2019 and RR4 and 5 in W.P.No.13936 of 2020 Mr.L.S.M.Hassan Fizal, Government Advocate for RR1 to 3 in W.P.No.13936 of 2020 COMMON ORDER [Order of the Court was made by M.M.SUNDRESH,J.] Alleging that the order dated 11.06.2018 made in W.P.No.3021 of 2018 has not been complied with, the present contempt petition has been filed, while the writ petition challenges the proceedings of the 5th respondent in the writ petition dated 04.03.2020 refusing to accord building permission.

2. It appears that an order has already been passed on 04.03.2020 by the 5th respondent in the writ petition refusing to accord building permission in purported compliance of the order under contempt petition and same has been put into challenge in W.P.No.13936 of 2020. 3 / 5

3. In such view of the matter, the contempt petition stands closed giving liberty to the contempt petitioner to workout his remedy in the pending writ petition. The Registry is directed to list the Writ Petition before the Honorable Judge, who is dealing with the subject matter of the writ petition as per roster, for hearing.

SD/- ASSISTANT REGISTRAR(COMM.CASES) kmk //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/31/08/2021 To

1. The Executive Officer, Dharapuram, Tiruppur District.

2. The District Collector, Tirupur District, Tirupur.

3. The Revenue Divisional Officer, Revenue Divisional Officer,

4. The Blcok Development Officer/ 4 / 5

Special Officer, Dharapuram Block, Tirupur District.

5. The Executive Authority, 6.The President, Copy to:

The Section Officer, Writs Section, High Court, Madras 5 / 5