Melvisharam Muslim Educational Society, v. J.Kumaragurubaran, I.A.S., And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2025

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN Melvisharam Muslim Educational Society, Rep. by its Trustee S Ziaudeen Ahmed, Door No.339, Triplicate High Road, Chennai - 600 005.

... Petitioner Vs.

1. J.Kumaragurubaran, I.A.S., Commissioner, Greater Chennai Corporation, Rippon Buildings, Poonamallee High Road, Chennai - 600 003.

2. Elango, Assistant Engineer, Late 114, Area 27, Zone 9, No.8, 4th Cross Street, Lake Area, Nungambakkam, Chennai - 600 034.

... Respondents Prayer:- Contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971, praying to initiate contempt proceedings against the first and second respondents for wilful disobedience of the order of this Court dated 20.09.2024 passed in W.P.No.27601 of 2024.

For Petitioner : Mr.Najeeb Usman Khan For Respondents : Mr.J.Ravindran Additional Advocate General Mr.D.B.R.Prabhy Standing Counsel For 3rd Party : Mr.A.V.Arun

ORDER

This Contempt Petition has been filed to punish the respondents for non compliance of the order dated 20.09.2024, passed by this Court in W.P.No.27601 of 2024, thereby directed the respondents to pass order on the representation made by the petitioner for demolition of the building within a period of two weeks.

2.

The learned Additional Advocate General appearing for the respondents submitted that as directed by this Court the respondents passed order and also issued notice under Section 136 of Tamil Nadu Urban Local Bodies Act, 1998, thereby directing the occupiers of the premises to fence off, take down, secure, repair or demolish the above said structure and take such a nature of temporary measures whichever is fit for presenting any danger in the interest of public, failing with the Greater Chennai Corporation will carry out

the same and the cost of doing so shall be recoverable from the owner/occupier as per provisions of Section 136 of the Tamil Nadu Urban Local Bodies Act, 1998 and other relevant statutory provisions. 3.

The learned counsel appearing for the third party submitted that he is one of the tenant in the very same premises and he entered into lease agreement with the petitioner. That apart, the notice under Section 136 of the Tamil Nadu Urban Local Bodies Act, 1998, was issued to the third party and 42 others. Further the occupiers are also filed petition to recall the order passed by this Court on the ground that, suppressing their occupation in the said premises, the order was obtained by the petitioner. 4.

Considering the above submission, it is revealed that other than the third party, some other occupiers are their in the premises. Insofar as the directions issued by this Court, now the respondents duly complied the same and therefore no contempt is made as against the respondents and the contempt petition is liable to be dismissed.

5.

Accordingly, the Contempt Petition stands dismissed. 08.10.2025 Index : Yes/No : Yes/No Speaking/Non Speaking order rts

To

1. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Poonamallee High Road, Chennai - 600 003.

2. The Assistant Engineer, Late 114, Area 27, Zone 9, No.8, 4th Cross Street, Lake Area, Nungambakkam, Chennai - 600 034.

G.K.ILANTHIRAIYAN, J.

rts 08.10.2025