S And P Residency Residents Welfare Association v. V.Vijayakumari B. A.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :20.02.2019

CORAM

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH AND THE HONOURALE MR. JUSTICE M.SUNDAR Contempt Petition No.2522 of 2018 S & P Residency Residents Welfare Association, Society Registration No.267/2008, Represented by its Secretary T.M.Inbavalan, No.XVIII, S&P Residency, Rajankuppam, Ayanambakkam, Chennai-600 095.

... Petitioner Vs.

V.Vijayakumari, B.A., The Commissioner, Thiruverkadu Municipality, Thiruverkadu-600 077.

... Respondent Contempt petition is filed under Sections 11 of the Contempt of Courts Act, 1971, to punish the respondent for having wilful disobedience of the order made in W.P.No.19205 of 2017 dated 28.07.2017.

For petitioner : Mr.P.Vasanthakumar Visweswara For Respondent : Ms.T.P.Savitha, Government Advocate & Mr.Selvam Sundar

O R D E R

(Order of the Court was made by M.M.SUNDRESH,J.) Alleging that the order passed by this Court, which involves two different directions, has not been complied with, the present contempt petition has been filed.

2. The first direction is with respect to the construction of culverts by the contemnor and the other direction is on the removal of encroachment. From the records produced by the contemnor, it appears that the land in question belongs to the Public Works Department. In such view of the matter, we do not find any wilful disobedience of the order passed by this Court. However, the other direction is very specific and therefore, the contemnor will have to comply with the same.

3. The learned Government Advocate appearing for the contemnor would submit that the culvert would be constructed as ordered within a period of eight weeks from the date of receipt of a copy of this order.

4. The said statement is recorded giving liberty to the petitioner to take appropriate action by impleading the Public Works Department as party. Accordingly the contempt petition stands closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) raa //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

PS/14/03/2019