N.Kalavathy v. Gagandeep Singh Bedi,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.01.2023 Coram The Honourable Mr.Justice C.SARAVANAN N.Kalavathy

...Petitioner

Versus

1.Mr.Gagandeep Singh Pedi, The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.

2.The Chief Engineer, Public Works Department, Chepauk, Chennai.

(R2 was suo motu impleaded by this Court vide order dated 24.11.2022)

...Respondents

Contempt Petition filed under Section 11 of the Contempt of Court Act, 1971 praying to punish the respondents for disobeying the order passed by this Court in W.P.No.15527 of 2022 dated 23.06.2022. For Petitioner :

Mr.A.Muruganandam For Respondents :

Mr.D.B.R.Prabu 1/4

ORDER

The petitioner has come up with this contempt petition for the alleged disobedience of the order dated 23.06.2022 passed by this Court in W.P.No.15527 of 2022.

2. The learned counsel appearing for the respondents submitted that in substantial compliance of the order dated 23.06.2022 passed by this Court in W.P.No.15527 of 2022, the Regional Deputy Commissioner (Central), DRO, Zonal Officer - 9 has issued a Notice No.001/2021-2022 dated 13.01.2023, wherein, it is stated as follows: "The existing Building at Door No.31/18, Nattu Muthu Kumarappa Street, Mylapore, Chennai - 600 004 was inspected by the Superintending Engineer, PWD, Building Maintenance Circle. Based on the Structural Soundness Certificate from PWD, The Building is in dilapidated condition and is dangerous to the occupiers of the building and to the neighboring structures.

Therefore, you are hereby instructed to fence off, take down, secure or repair the above mentioned structure so as to prevent any danger there from within a period of 7 days from the date of receipt of this notice, failing which, the undersigned himself will fence off, take down or repair or demolish or take such temporary measures as he thinks fit to 2/4

prevent danger and the cost of doing shall be recoverable from you in the manner provided in Section 387 of CCMC Act, 1919." He has also produced a copy of the said notice before this Court.

3. From a perusal of the above notice issued by the Regional Deputy Commissioner (Central), DRO, Zonal Officer - 9, it is clear that the respondents may take steps to demolish the building at Door No.31/18, Nattu Muthu Kumarappa Street, Mylapore, Chennai - 600 004 or take temporary measures as it fit to prevent the danger.

4. In view of the above, this Contempt Petition is closed. However, liberty is granted to the petitioner to approach this Court, in case, no steps are taken thereafter by the respondents.

25.01.2023 mrr Index : Yes/No 3/4

C.SARAVANAN, J.

mrr 25.01.2023 4/4