P.Murugesan v. S.N.Kesavan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Review Application No.11 of 2022 in Contempt Petition No.1934 of 2022 P.Murugesan Zonal Officer, Zone- VIII, Corporation of Chennai, Shenoy Nagar, Chennai 600 030.

... Review Petitioner/Respondent vs.

S.N.Kesavan ... Respondent/Petitioner Review Application has been filed under Order XLVII Rule 1 & 2 r/w Section 114 of the Civil Procedure Code, against the order dated 21.11.2022 made in Contempt Petition No.1934 of 2022 in WP No.27297 of 2021 on the file of the High Court.

For Review Petitioner : Mr.J. Ravindran Additional Advocate General For Respondent : Mr.P.Srinivas 1/4

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The applicant/review petitioner seeks review of the order made in Contempt Petition No.1934 of 2022 dated 21.11.2022. Noticing the fact that the attempt to imple ment the order of this Court was made only after we had issued a statutory notice, we had imposed a punishment of censure on the respondent in the Contempt Petition, viz. the Zonal Officer, Zone-VIII, Corporation of Chennai, Shenoy Nagar, Chennai 600 030.

2. Review is sought for on the ground that the delay in complying with the orders of this Court was due to the fact that an enquiry had to be conducted and since the violators did not appear in time for the enquiry. The applicant has also tendered his unconditional apology for the delay. An affidavit has been filed today stating that the offending construction has been sealed and the demolition work has been undertaken by the private respondent in the Writ Petition.

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3. In view of the compliance now reported, we are convinced that the delay is not intentional, we allow the Review Application in Rev. Appln. No.11 of 2022 and the order dated 21.11.2022 is recalled, the Contempt Petition is disposed of accepting the apology tendered by the sole respondent therein. It is open to the petitioner in the Writ Petition to initiate appropriate action if the order is not complied with fully. There shall be no order as to costs.

(R.SUBRAMANIAN, J.) (K.KUMARESH BABU, J.) jv 22.12.2022 Index: Yes/No Internet: Yes/No speaking order/non speaking order 3/4

R.SUBRAMANIAN, J.

and K.KUMARESH BABU, J.

(jv) To

1. The Commissioner, Corporation of Chennai, Chennai 3.

2. The Zonal Officer, Zone III, Corporation of Chennai, Shenoy Nagar, Chennai 600 030.

3. The Executive Engineer, Tamil Nadu Housing Board, Anna Nagar Division, Chennai 40.

Review Application No.11 of 2022 in Contempt Petition No.1934 of 2022 22.12.2022 4/4