Muthumari v. Chitra Vijayan Ias

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 24/04/2025

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY Cont. P(MD). No.811 of 2025 Muthumari ... Petitioner Vs Chitra Vijayan The Commissioner Madurai Municipal Corporation, Aringar Anna Maligai, Madurai.

... Respondent PRAYER :- Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the contemnor/3rd respondent for wilful disobedience of the order dated 30.08.2023 passed by this Court in WP(MD) No.16700/2023.

For Petitioner : Mr.A.L.Kannan For Respondent : Mr.S.Vinayak

ORDER

(Order of the Court was made by J.NISHA BANU, J.) On 01.04.2025, the contempt petition was closed by observing that no contempt has been made out. However, before signing the order, since the proceeding initiated by the respondent has not been concluded, 1/4

the contempt petition has been listed today (24.04.2025) under the caption, 'for clarification'. Accordingly, the matter has been taken up for hearing and the learned counsel for both sides made their submissions.

2. Alleging that the orders of this Court has not been complied with, the petitioner is before this Court with this contempt petition.

3. The writ petition was filed alleging unauthorised construction put by the private respondents therein. Hence, this Court directed the official respondents, especially, the Commissioner, Madurai Municipal Corporation, to take action as per law. Therefore, the premises was locked and sealed. In the meanwhile, since the first and 2nd floors of the premises in question were put without obtaining any approval, the private respondents submitted a representation to the respondent Commissioner for grant of approval of the construction put up in the first and second floors.

4. It is submitted that the respondent Commissioner has no power to grant the approval of the construction, which is over and above 2000 2/4

sq.ft and the Director of Town and Country Planning is the appropriate authority for granting such approval. Therefore, the private respondents in the writ petition are directed to submit an application along with a specific plan before the Director of Town and Country planning within a period of four weeks from the date of receipt of a copy of this order. On receipt of such an application, the Director of Town and Country Planning shall consider the same and pass orders within a period of three months therefrom. Accordingly, the contempt petition is closed. [J.N.B.,J] [S.S.Y.,J] 24.04.2025 NCC : Yes/No Index : Yes/No RR 3/4

J.NISHA BANU, J AND S.SRIMATHY, J.

RR

ORDER

IN Cont. P(MD) No.811 of 2025 Date : 24/04/2025 4/4