C.Prabhakaran v. Dharmendra Pratap Yadav, Ias
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(CONTEMPT JURISDICTION) THURSDAY, THE 25TH DAY OF APRIL, 2019 THE HON'BLE MR.JUSTICE M.VENUGOPAL AND THE HON'BLE MR.JUSTICE S.VAIDYANATHAN CONTEMPT PETITION No.1087 OF 2017 AND W.P.No.24705 OF 2017 ************ C.Prabhakaran, Son of Chinnappa Naidu, Door No.8, Prema Avenue, Thirumullaivoyal, Chennai 600 062.
... Petitioner/Petitioner Vs
1. Dharmendra Pratap Yadav,IAS, Secretary, Housing and Urban Development Department, Fort St.George, Chennai-9.
2. Mr.Vijayaraj Kumar,IAS, Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.
3. Mr.Mujibar Rahman, Commissioner, Avadi Municipality.
4. J.Jothi, W/o.B.Jayachander, No.6, D.R.R.Street, Avadi, Chennai 600 054.
... Respondents/Respondents
W.P.NO.24705 OF 2017 MRS.J.JOTHI, W/O.B.JAYACHANDER , NO.6 , D.R.R.STREET GANDHI NAGAR, AVADI , CHENNAI-600 054.
...PETITIONER VS 1 THE SECRETARY , HOUSING AND URBAN DEVELOPMENT DEPARTMENT , FORT ST. GEORGE, CHENNAI-09 2 THE MEMBER SECRETARY, CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY NO.1 ,GANDHI IRWIN ROAD,EGMORE, CHENNAI-08.
3 THE COMMISSIONER, AVADI MUNICIPALITY, AVADI , CHENNAI-54.
4 C.PRABHAKARAN , S/O.CHINNAPPA NAIDU, DOOR NO.8 ,PREMA AVENUE KAMBAR STREET , VELAMMAL NEW TOWN, THIRUMULLAIVOYAL , CHENNAI-62.
...RESPONDNETS Contempt Petition under Section 11 of the Contempt of Courts Act, praying that this Hon'ble Court be pleased to punish all the Respondents herein for the violation and disobedience of this Hon'ble Court's order in W.P.No.9756 of 2016 dated 23.03.2016.
The above Contempt Petition and Sub Application coming on this day before this Court for hearing in the presence of Mr.K.M.Vijayan, Senior Counsel for
Mr.N.V.N.Margendeyan, appearing for the Petitioner herein; and of Mr.S.N.Parthasarathy, Government Advocate for R1, Mr.Karthick Rajan, For R2, Mr.P.Srinivas for R3, and Mr.Mohana Murali, for R4 herein; and upon reading the petition and the affidavit of C.Prabakaran, filed in the Contempt Petition; the Court made the following order:- "When the matter is taken up for hearing today, the Commissioner, Avadi Municipality, Avadi / Third Respondent herein has filed an affidavit, stating that the order of this Court dated 23.03.2016 has been complied with; that the building has been brought in accordance with the Plan 2001 & 2004 and that the set back violations have been duly rectified. The relevant Paragraph No.3 of the affidavit is extracted hereunder:
Sl. No.
Set back As per approved Plan 2001 & 2004 As on site Remarks Front Set back (North) 10 Feet 10 Feet Structure Removed Side Set back (East) 3 Feet 3 Inches 3 Feet 3 Inches Structure Removed Side Set back (West) 2 Feet 3 Inches 2 Feet 3 Inches Structure Removed Rear Set back (South) 2 Feet 4 Inches 2 Feet 4 Inches Structure Removed
2. In view of the above, this Court is of the view that no further orders are required in these petitions. If the Contempt Petitioner still feels that there is no due compliance of the order of this Court, it is
open to him to bring it to the attention of the Appropriate Forum in accordance with law."
WITNESS THE HON'BLE SHRIMATI. JUSTICE VIJAYA KAMLESH TAHILRAMANI, THE CHIEF JUSTICE OF HIGH COURT AT MADRAS, AS AFORESAID, THIS THE 25th DAY OF APRIL 2019.
SD/- JOINT REGISTRAR(OS) //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.
RA/09/05/2019 CONTEMPT PETITION No.1087/2017 THE HON'BLE MR.JUSTICE M.VENUGOPAL AND THE HON'BLE MR.JUSTICE S.VAIDYANATHAN ORDER DATED :25/04/2019 FOR APPROVAL :10/05/2019 APPROVED ON :10/05/2019 Copy to:
1. Dharmendra Pratap Yadav,IAS, Secretary, Housing and Urban Development Department, Fort St.George, Chennai-9.
2. Mr.Vijayaraj Kumar,IAS, Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.
3. Mr.Mujibar Rahman, Commissioner, Avadi Municipality.
4. J.Jothi, W/o.B.Jayachander, No.6, D.R.R.Street, Avadi, Chennai 600 054.
5 THE SECRETARY , HOUSING AND URBAN DEVELOPMENT DEPARTMENT , FORT ST. GEORGE, CHENNAI-09 6 THE MEMBER SECRETARY, CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY NO.1 ,GANDHI IRWIN ROAD, EGMORE,CHENNAI-08.
7 THE COMMISSIONER, AVADI MUNICIPALITY, AVADI , CHENNAI-54.
8 C.PRABHAKARAN , S/O.CHINNAPPA NAIDU, DOOR NO.8 ,PREMA AVENUE KAMBAR STREET,VELAMMAL NEW TOWN, THIRUMULLAIVOYAL , CHENNAI-62.