Dr. Geetha Devadas, v. Mr.J.Kumaragurubaran, Ias And 5 Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2025

CORAM

THE HONOURABLE MR. JUSTICE S.S.SUNDAR AND THE HONOURABLE MR.JUSTICE P.DHANABAL Contempt Petition No.3677 of 2024 Dr.Geetha Devadas .. Petitioner vs.

1.J.Kumaragurubaran, IAS, The Commissioner, The Greater Chennai Corporation, Rippon Building, Chennai-600 003.

2.K.J.Praveen Kumar, IAS, The Regional Deputy Commissioner (Central), Corporation of Chennai, 2nd Cross Street (East), Pulla Avenue, Shenoy Nagar, Chennai-600 030.

3.T.Padmanaban, The Executive Engineer, Corporation of Chennai, Enforcement Region - Central, 2nd Cross Street (East), Pulla Avenue,

Shenoy Nagar, Chennai-600 030.

4.Ashokkumar, The Assistant Executive Engineer, Division 103, Corporation of Chennai, 2nd Cross Street (East), Pulla Avenue, Shenoy Nagar, Chennai-600 030.

5.Nandagopal, The Assistant Engineer, Ward 103, Chennai-40.

6.Anshul Mishra, IAS, The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Chennai-600 008.

..Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondents for willful disobedience of the order passed by this Court in W.P.No.11574 of 2024, dated 26.7.2024.

For Petitioner : Mr.D.Udhayasuriyan For Respondents : Mr.D.B.R.Prabhu Standing Counsel for respondent Nos.1 to 5 Ms.P.Veena Suresh Standing Counsel

for respondent No.6

ORDER

(Order of the Court was made by S.S.Sundar, J.) This Court, by order dated 26.07.2024, disposed of the writ petition with the following directions:

"(i) Greater Chennai Corporation is directed to issue revised Locking & Sealing and Demolition notice indicating all the deviations/violations to the approved plan and to serve the notice to the present owner/the revision petitioner herein. (ii) The said revised LSD notice shall be issued following all statutory proceedings prescribed in Tamil Nadu Town and Country Planning Act, 1971 and in compliance with G.O.Ms.No.195, Housing and Urban Development (UD4(1) Department, dated 05.11.2022.

(iii) On expiry of the statutory period, Greater Chennai Corporation shall proceed to take further action on the building of the revision petitioner as per the provisions in Tamil Nadu Town and Country Planning Act, 1971.

(iv) Greater Chennai Corporation shall also take necessary action against the objector's building if it is found unauthorised or deviated to the approved plan after ascertaining the status of pending application filed for regularisation submitted to Greater

Chennai Corporation on 29.06.2022."

2. In compliance with the directions of this Court, the Executive Engineer, Zone-8, Greater Chennai Corporation, has issued a notice dated 23.12.2024 to Kasturi (respondent No.8 in the writ petition) to secure compliance with the planning permission by demolishing the unauthorised portion and by restoring the building as per the sanctioned planning permission. It is firmly indicated that in case, the said Kasturi is not demolishing the unauthorised portion, action will be taken for demolition or alteration of the building.

3. The notice of the Executive Engineer, Greater Chennai Corporation, dated 23.12.2024, is in compliance with the directions of this Court dated 26.07.2024 in W.P.No.11574 of 2024.

4. Recording the compliance, the contempt petition is closed. No costs.

(S.S.SUNDAR, J.) (P.DHANABAL, J.) 23.01.2025 Index :

Yes/No NC :

Yes/No

bbr

S.S.SUNDAR, J.

AND P.DHANABAL, J.

bbr 23.01.2025