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Madras High CourtCONT P/3944/2024dismissed

S.Sathyavathi, v. Anshul Mishra, I.A.S., And 5 Others

2025-01-20Honourable Mr Justice R. Subramanian,Honourable Mr.Justice C.Kumarappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2025

CORAM:

THE HONOURABLE Mr.JUSTICE R. SUBRAMANIAN AND THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN CONTEMPT PETITION No . 3944 of 2024 S.Sathyavathi ... Petitioner Vs.

1. Sri Anshul Mishra, Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natrajan Building, No. 1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. Dr.J.Radhakrishnan, I.A.S., Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

3. A.S.Murugan, Zonal Officer - Zone VI, Greater Chennai Corporation, Anderson Road, Ayanavaram, Chennai 600 023.

4. A.Vasanatha, No.8B, E.B. Road, Jamuna Bai Street, Sembiam, Chennai - 600 011.

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5. Anandhan, No.8B, E.B. Road, Jamuna Bai Street, Sembiam, Chennai - 600 011.

6. K.Shanthi, Proprietor, Arunachalam Enterprises, No.8, E.B.Road, Jamuna Bai Street, Sembiam, Chennai 600 011.

... Respondents Contempt Petition preferred under Section 11 of Contempt of Court Act, 1971 to pass necessary orders as it may deem fit and proper by this Hon'ble Court in the present Contempt Petition for wantonly, deliberately and wilfully disobeying of the specific directions of this Hon'ble Court in WP.No.7174 of 2021 dated 04.11.2022. For Petitioner : Mr.A.Palaniappan For Respondents : Mrs.P.Veena Suresh for R1 Mr.D.B.R.Prabhu Standing Counsel for Chennai Corporation for R2 & R3 ***

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J) Alleging disobedience of the order dated 04.11.2022, the petitioner has moved this contempt petition seeking to punish the respondents for contempt of Court.

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2. By order dated 04.01.2022, we had recorded the submission of the counsel for the Chennai Corporation that notice for locking, sealing and demolition was issued on 26.10.2022 and further proceedings will follow. It is now brought to light that the said notice dated 26.10.2022 was challenged in proceedings under Section 80A of The Tamil Nadu Town and Country Planning Act and the Government, by its order dated 19.07.2023 had set aside the notice and has directed the Corporation to proceed afresh. It is stated by Mr.D.B.R.Prabhu, learned counsel appearing for the Corporation that pursuant to the said direction, fresh notices have been issued on 05.11.2024 and re-occupation notice has been issued on 17.12.2024. The occupier of the building has challenged those notices also under Section 80A of The Tamil Nadu Town and Country Planning Act and the appeal is pending.

3. In view of the same, we see no reason to entertain this contempt petition and it is accordingly dismissed.

[R.S.M., J.] [C.K., J.] 20.01.2025 Index : No Internet: Yes Speaking order kmi 3/4

R.SUBRAMANIAN, J and C.KUMARAPPAN, J kmi CONT. P. No.3944 of 2024 20.01.2025 4/4