K.Kodeeswaran v. S.Karmegam Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU K.Kodeeswaran ... Petitioner -vs1. S.Karmegam, I.A.S., District Collector, Salem District at Salem.

2. Mr. E.Saravanvelraj, I.A.S., Director of Town and Country Planning, 2nd, 3rd and 4th Floors, C & E, Market Road, Koyambedu, Chennai - 600107.

Previous Address at No.807, Anna Salai, Chennai - 600002.

3. R.Rani, Assistant Director of Town & Country Planning, Salem District - 636007.

No. 6, Sannadhi Street, Subramania Nagar, Suramangalam, Salem - 636302.

4. V.Annadurai, Block Development Officer, (Village Panchayats), Valapady Panchayat Union, Valapady Post, 1/6

5. A.Sivaraj, President, Kattuveppilaipatty Panchayat, Seshanvadi Post, Vazhapadi Taluk, ...

Respondents Prayer:- Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971, praying to issue notices to the Respondents herein for the wilful disobedience of the orders of this Court made in W.M.P. No. 27102 of 2022 in W.P. No. 27814 of 2022 dated 19.10.2022.

For Petitioner :

Ms. K.Premkumar For Respondents :

Mrs. N.Senthil Selvi, Government Advocate (for R1 to R3)

O R D E R

The Contempt Petition has been filed alleging that there has been violation of the order dated 19.10.2022 passed in W.M.P. No. 27102 of 2022 in W.P. No. 27814 of 2022 by the Court restraining the construction of Anganwadi Centre. 2.

The Fourth Respondent has filed an affidavit dated 14.11.2022 stating as follows:- 2/6

"3.

I respectfully submit the following facts, before this Hon'ble Court for being consideration and to pass orders. (a) In view of the High Court Interim order I had received High Court order copy on 08.11.2022. After that I sent a letter vide Na. Ka. No. 5395/2022/P5 dated 08.11.2022 to the President, Kattuveppilaipatty Panchayat, Union Engineer, Valapady Panchayat Union, Mr. Dhanasekaran, Contractor, Valapady, Mr. Kodeeswaran, Petitioner, with a copy to the District Collector, Salem District and Additional Collector/Project Director, Salem to stop the constitution of Anganwadi Centre in the place earmarked as Park Area in the regularized Layout Approval No. 615/2018, bearing Plot Nos. 27, 28 & 29, Sri Krishna Garden, comprised in Survey No. 5/3 B1, 6/2 situated at Kattu Veppilaipatty Village, Vazhappadi Panchayat Union, Vazhapadi Taluk, Salem District.

(b) On receipt of my letter the contractor stopped the construction work on 11.11.2022.

4.

In the above circumstances, I submit that I have never disobeyed the orders of this Court at any point of time. If this 3/6

Court comes to conclusion that I have committed contempt or acts leading to contempt, I once again tender my unconditional apology before this Court. I also prayed this Court to purge me from the Contempt proceedings in Contempt Petition No. 2491 of 2022 in accordance with law."

In view of the aforesaid action taken to comply with the order passed by the Court, nothing remains for further consideration in the Contempt Petition. In fine, the Contempt Petition is closed. No costs. 17.11.2022 kv Index: Yes/No Note: Issue order copy by 04.01.2023.

To

1. The District Collector, Salem District at Salem.

2. The Director of Town and Country Planning, 2nd, 3rd and 4th Floors, C & E, Market Road, Koyambedu, Chennai - 600107.

4/6

3. The Assistant Director of Town & Country Planning, Salem District - 636007.

No. 6, Sannadhi Street, Subramania Nagar, Suramangalam, Salem - 636302.

4. The Block Development Officer, (Village Panchayats), Valapady Panchayat Union, Valapady Post,

5. The President, Kattuveppilaipatty Panchayat, Seshanvadi Post, Vazhapadi Taluk, 5/6

P.D. AUDIKESAVALU, J.

kv 17.11.2022 6/6