Mrs. P. Kavitha, v. Tmt. Kakarla Usha, I.A.S., And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-01-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.RAJASEKAR Mrs. P. Kavitha, D/o. Late S.R. Pamanabhan, 7, New No. 20, Thangam Colony 1st Street, Anna Nagar West, Chennai -600040.

..Petitioner(s) Vs

1. Tmt. Kakarla Usha, I.A.S., The Secretary to the Government, Housing and Urban Development Department, Fort St. George, Chennai -600 009.

2. J.Kumaragurubaran, I.A.S., The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai.

3. T.Padmanabhan, The Executive Engineer, Zone-VIII, Greater Chennai Corporation, Chennai-600 001.

..Contemnor(s) Prayer: Contempt Petition filed under Section 11 & 12 of the Contempt of Courts Act, to punish the respondents for Contempt of Court for wilfully disobeying the order dated 14.02.2025 passed by this Hon'ble Court in batch cases Writ Petition No. 37221 of 2024. For Petitioner(s):

MRS.P.KAVITHA, (P-IN-P) For Contemnor(s):

MR. T. CHANDRASEKARAN, SPECIAL GOVERNMENT PLEADER FOR R1.

MR. D. B.R. PRABHU STANDING COUNSEL FOR R2 & R3.

ORDER

(Order of the Court was made by S.M.Subramaniam J.) This Contempt Petition has been instituted to punish the respondents for their wilfull disobedience of the order of this Court dated 14.02.2025 made in W.P.No.37221 of 2024.

2. The petitioner-in-person in the present contempt proceedings is present. In the writ petition, this Court, directed the Official respondents

to demolish the unauthorised building / deviation, since the petitioner exhausted all the remedies under the statute even, the Government elaborately considered the claim of the petitioner under Section 80-A of the Tamil Nadu Town and Country Planning Act. Under those circumstances, this Court passed the order in the writ petition.

3. The petitioner-in-person would submit that the respondents have locked and sealed the premises and she is not in a position to take out her belongings kept inside the building. Due to the said situation, she is now residing at Bangalore in her relatives' house. Under these circumstances, the petitioner would submit that she may be permitted to remove the belongings kept inside the subject building.

4. The learned Standing counsel appearing for the Corporation has no serious objection for the said request made by the petitioner.

5. In view of the facts and circumstances, the Chennai Corporation authorities shall fix a time and date and communicate the same to the petitioner in advance and allow her to remove her belongings in her convenient date. She may be given more than one or different spells as per her request in written to remove her belongings.

6. The Authorities shall open the premises, allow the petitioner to remove her belongings and thereafter, proceed with the demolition of unauthorised construction. The Authorities are bound to complete the demolition of building as per the orders of this Court and handover the building to the owner / petitioner. The said exercise is directed to be completed within a period of three months from the date of receipt of a copy of this order.

7. With the above directions, this Contempt Petition stands disposed of. Consequently, connected sub-application is closed. (S.M.S.,J.) (K.R.S.,J.) 23-01-2026 Index: Yes/No Speaking/Non-speaking order KKN

To

1. Tmt. Kakarla Usha, I.A.S., The Secretary to the Government, Housing and Urban Development Department, Fort St. George, Chennai -600 009.

2. J.Kumaragurubaran, I.A.S., The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai.

3. T.Padmanabhan, The Executive Engineer, Zone-VIII, Greater Chennai Corporation, Chennai-600 001.

S.M.SUBRAMANIAM, J.

AND K.RAJASEKAR, J.

KKN 23-01-2026