M.Paripooranam v. Uma Rani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.03.2019

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Cont.P.No.2412/2018 M.Paripooranam, W/o.R.Muruganandam, Plot No.54, Door No.26 A, Rani Ammal Street, Thanthai Periyar Nagar, Tharamani, Chennai 600 113.

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Petitioner

Versus

Tmt.Uma Rani The Estate Officer Tamil Nadu Slum Clearance Board Estate Office No.6 Chennai 600 005.

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Respondent Prayer:- Contempt petition filed under section 11 of the Contempt of Courts Act, to punish the respondent herein for her willful, wanton and deliberate disobedience of the order dated 09.04.2018 passed by this Court in WP.No.8250/2018.

For Petitioner :

Mr.R.Munuswamy For Respondent :

Mr.S.Prabhu

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.,] The petitioner, alleging willful disobedience and noncompliance of the order passed in WP.No.8250/2018 dated 09.04.2018 by the respondent herein, came forward to file the present contempt petition.

Mr.S.Prabhu, learned counsel appearing for the respondent/contemnor - Tamil Nadu Slum Clearance Board, has brought to the knowledge of this Court that Form - A and Form - B Notices have also been issued and the inspection was also carried after putting both parties on notice and the 4th respondent in the writ petition, viz., Tmt.Malliga, had encroached upon some portion of the land in Plot No.53, and put up a permanent construction and when necessary action was taken to remove the same, the officials of TNSCB were threatened with dire consequences and prays for appropriate orders.

It is also brought to the knowledge of this Court that the petitioner as well as Tmt.Malliga - 4th respondent in the writ petition, are related to each other and therefore, this Court had adjourned the matter to find out the possibility of some amicable settlement. However, it could not come through.

In the light of the submission of the learned counsel appearing for the respondent/contemnor - Tamil Nadu Slum Clearance Board, they are at liberty to proceed further in accordance with law in terms of their Form - A and Form - B Notices and if required, the Station House Officer, attached to Taramani Police Station, Law and

Order, Kanagam, Taramani, Chennai-113, is directed to extend maximum cooperation to carry out the exercise as to the removal of encroachment by the Tamil Nadu Slum Clearance Board.

The Contempt petition stands closed with the above observations.

SD/- ASSISTANT REGISTRAR(COMM.CASES) AP //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.

Ss/29/04/2019 To

1. The Estate Officer Tamil Nadu Slum Clearance Board Estate Office No.6 Chennai 600 005.

2. The Inspector of Police, Law and Order, Taramani Police Station, Kanagam, Taramani, Chennai-113.