Gemini Parsn Apartment Owners v. The Additional Secretary (Technical)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2026 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No.45231 of 2025, W.M.P.No.50378 of 2025 & Cont.P.No.4145 of 2025 W.P.No.45231 of 2025 Gemini Parsn Apartment Owner's Welfare Association, Reg. No.4/2005 Rep by its Secretary No.599 Anna salai Chennai-600 035.

..

Petitioner Vs.

1. The Additional Secretary (Technical) Housing and Urban Development Secretariat, Chennai-600009.

2. The Member Secretary

3. The Commissioner Corporation of Chennai Chennai- 600 003.

4. Sivalingam ..

Respondents

Suo Motu ..

Petitioner Vs.

The Member Secretary ..

Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari calling for the records pertaining to the impugned order in Notice No.EC/C-II/4662/2019 dated 16.06.2025 passed by the 2nd respondent and quash the same. Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for having committed willful disobedience of the order of this Court dated 18.06.2024 made in W.P.Nos.3513 of 2024 & 35095 of 2023.

For Petitioner :

Mr.R.Vishnu For Respondents :

WP No.45231/25 Mr.K.Karthik Jagannath Government Advocate for R1 Mr.Kumaresan Additional Advocate General Assisted by Mrs.P.Veena Suresh Standing Counsel for R2 Mr.D.B.R.Prabhu Standing Counsel for R3 Mr.Kumaresan Additional Advocate General Assisted by Mrs.P.Veena Suresh Standing Counsel

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) At the outset, learned counsel for respondent submits that the order passed earlier, which led to filing of contempt petition, has been recalled by the competent authority on 09.01.2026, copy of which has been placed on record.

2. We have perused the status report, as also the order dated 09.01.2026 recalling the earlier order.

3. The affidavit of respondent records an unconditional apology. Having considered the totality of circumstances that the earlier order has now been recalled, we are not inclined to proceed further in the matter. Contempt petition is closed. Rule is discharged.

4. We will further observe that the Officer shall remain cautious and careful in future in the matter of compliance of the

orders of the Court.

5. In view of the recall of order, nothing survives for consideration in the petition. Petition is accordingly, rendered infructuous.

6. Petition is disposed of as having rendered infructuous. There shall be no order as to costs. Consequently, the interim application is closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 03.02.2026 Index :

Yes/No Yes/No kpl

To

1. The Additional Secretary (Technical) Housing and Urban Development Secretariat, Chennai-600009.

2. The Member Secretary

3. The Commissioner Corporation of Chennai Chennai- 600 003.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(kpl) 03.02.2026