Satellite City v. S.Sivarasu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY in W.P.(MD) No.20817 of 2018 Satellite City, Anna Nagar Residents Welfare Association, (Reg.No.220/2012), Rep. through its General Secretary, Thiru.M.Kaliyaperumal, M/6, Anna Nagar, Phase I, Trichy - 26.

... Petitioner -vs1.S.Sivarasu, The District Collector, Trichy, Trichy District.

2.H.Suganya, President, Kumbakudi Village Panchayat, Trichy.

3.A.James, President, Navalpattu Village Panchayat, Trichy.

4.N.Ravichandran, The Commissioner, Trichy Municipality, Trichy.

... Respondents PRAYER : Petition filed under Section 11 of Contempt of Courts Act, praying to punish the Contemnors / Respondents 1, 5, 6 and 9 for the wilful disobedience of the order dated 06.12.2018 passed in W.P.(MD) No.20817 of 2018.

For Petitioner : Mr.R.Maheswaran For Respondents : Mr.R.Baskaran, Additional Advocate General, Assisted by Mr.D.Sasikumar, Additional Government Pleader For 4th Respondent: Mr.K.R.Kishore Ravi

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] The Contempt Petition is filed alleging wilful disobedience of the order of this Court dated 06.12.2018 passed in W.P.(MD) No.20817 of 2018.

2. This Court vide order dated 15.02.2023 recorded the submission of learned counsel for the petitioner that the members of the petitioner Association is ready to make monthly contribution for removal of sewage by engaging tanker lorries till a permanent solution is arrived. However, the learned counsel for the petitioner states that the residents are not agreeing for such undertaking and they have blamed him for giving such an undertaking.

3.It appears that there are disputed facts regarding the construction of appropriate drainage system and about the transportation of sewerage water in the petitioner's Satellite City. In such circumstances, having regard to the nature of the directions issued by this Court, this Court finds no bonafide in

the Contempt Petition. However, it is open to the petitioner to approach the District Collector for an early decision to include the Navalpattu and Kumbakudi Village Panchayats within the jurisdiction of Tiruchirapalli Corporation, so that, underground drainage system, which is provided in the Corporation, will be extended to them. Till appropriate action is taken in the manner known to law, the members of the petitioner Association and other residents are directed to maintain the area free from drainage water by their own means and contribution. In case the residents are prepared to pay the sum of Rs.200/- per month, the Commissioner, Trichy Municipality may arrange for transportation as it was suggested and accepted earlier.

4. With the aforesaid directions and observations, this Contempt Petition is closed.

[S.S.S.R, J.] [D.B.C., J.] 16.08.2023 Index : Yes / No sj To 1.S.Sivarasu, The District Collector, Trichy, Trichy District.

2.H.Suganya, President, Kumbakudi Village Panchayat, Trichy.

3.A.James, President, Navalpattu Village Panchayat, Trichy.

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

sj 16.08.2023