The Mylapore Mosque Managing Committee v. S.Anitha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.04.2019

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Cont.P.No.2612/2018 & Sub.Appln.No.725/2018 The Mylapore Juma Mosque Managing Committee rep.by its Joint Muthawali S.M.Mohideen No.178, New No.52, Kutchery Road Mylapore, Chennai 600 004.

..

Petitioner

Versus

Ms.S.Anitha, The Zonal Officer, Corporation of Chennai Corporation Zonal Office-125, Kutchery Road Mylapore, Chennai 600 004.

and also at IX Zone, [Teynampet], No.4, 4th Cross Street, Lake View Road Chennai 600034.

.. Respondent Prayer:- Contempt petition filed under section 11 of the Contempt of Courts Act, to punish the respondent for willfully disobeying the order of this Court passed in WP.No.10365/2018 dated 25.04.2018. For Petitioner :

Ms.H.Mubena Almas for Ms.Jaseem Mohammed M.J.

For Respondent :

Mr.V.C.Selvasekaran

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.,] The petitioner, alleging non-compliance and willful disobedience of the order of this Court dated 25.04.2018 made in WP.No.10365/2018 on the part of the respondent, came forward to file the present petition. Heard the learned counsel for the petitioner and Mr.V.C.Selvasekaran, learned Standing counsel for the respondent/contemnor, who brought to the knowledge of this Court that the 5th respondent in the writ petition, viz., Mrs.Najmunnisa, has subsequently approached the Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-9, with regard to the action initiated under section 80-A of the Town and Country Plannning Act, 1971, and the Additional Secretary [Technical] of the said Department, vide communication dated 19.12.2018 in Letter No.

the Planning Permission Application of the 5th respondent in the writ petition, viz., Najmunisa to the Government immediately. In the light of the said development, nothing remains for further adjudication in this contempt petition. However, if the petitioner is so advised and if it is open to them under law, they are always at liberty to intervene on the said proceedings initiated at the instance of Najmunisa / 5th respondent in the writ petition, pending before the Housing and Urban Development Department, Government of Tamil Nadu. The letter dated 19.12.2018 of the Housing and Urban Development Department, Secretariat, Chennai-9 is taken on file and record.

The contempt petition is closed subject to the above observations. Consequently, the Sub Application is also closed. [MSNJ] [MNKJ] 08.04.2019 Internet : Yes AP To Ms.S.Anitha, The Zonal Officer, Corporation of Chennai Corporation Zonal Office-125, Kutchery Road Mylapore, Chennai 600 004.

and also at IX Zone, [Teynampet], No.4, 4th Cross Street, Lake View Road, Chennai 600034.

M.SATHYANARAYANAN, J., AND M.NIRMAL KUMAR, J., AP Cont.P.No.2612/2018 08.04.2019