M.Subash Babu v. Sangilirajan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN in W.P(MD).No.26261 of 2024 M.Subash Babu ... Petitioner vs.

Sangilirajan The Assistant Engineer, Water and Drainage Board Zone-II, Madurai Corporation, Madurai.

... Respondent PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the second respondent/contemnor for the wilful disobedience of the order of this Court passed in W.P(MD).No.26261 of 2024 dated 30.10.2024.

For Petitioner : Mr.C.Susikumar For Respondent : Mr.S.Vinayak Standing Counsel ***** 1/4

O R D E R

The contempt arises out of the order passed by this Court in W.P(MD).No.26261 of 2024, dated 30.10.2024. By that order, the learned Standing Counsel had given an undertaking that the stagnation on account of sewage would be cleared. He had also given an undertaking that pucca drainage system would be in place and no stagnation would occur in future.

2. The petitioner pleads that in violation of the order, the respondent had not rectified the damaged drainage, which has resulted in over flow of sewage water around his premises. After having approached the respondents by way of whatsapp messages and notices, he is before this Court invoking its contempt jurisdiction.

3. When the matter came up for hearing, Mr.S.Vinayak appearing for the contemnor states that from 16.02.2025 till 20.02.2025 i.e., today steps were taken on a war footing and new drainage pipes have been laid in the area. He has produced photographs to show that sewage water was 2/4

also sucked into tanker lorries and the area has been cleared of any wastewater.

4. As the order has been complied with, I am not inclined to initiate contempt, despite, there being some delay in compliance.

5. Para 5 of the order of this Court in W.P(MD).No.26261 of 2024 dated 30.10.2024, "5. In view of the above, this Writ Petition is disposed of. It is made clear that the Corporation should ensure that pucca drainage system is functioning and there will be no stagnation occurs in future in the petition mentioned area. No costs. ", is reiterated.

6. In view of the above, this Contempt Petition is closed. Index :Yes / No 20.02.2025 Internet :Yes / No NCC :Yes / No Rmk 3/4

V. LAKSHMINARAYANAN, J.

Rmk To The Assistant Engineer, Water and Drainage Board Zone-II, Madurai Corporation, Madurai.

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