Madras High CourtCONT P(MD)/1644/2021disposed of

S. Srinivasan, v. A. Saravanavelraj, I.A.S.,

2021-12-21Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CONT.P.(MD)No.1644 of 2021 in W.P.(MD)No.17303 of 2015 S.Srinivasan ... Contempt Petitioner / Petitioner Vs.

1. A.Saravanavelraj,I.A.S., Director of Town and Country Planning, Chennai.

2. A.Vijayan, Member Secretary, Madurai Local Planning Authority,

3. Karthikeyan, Commissioner, Madurai Corporation, ... Contemnors /Respondents Prayer: Contempt petition filed under Section 11 of the Contempt of Court Act, to initiate contempt proceedings against the contemnors / respondents in the main writ petition for their willful disobedience and willful violation of the order passed by this Court in W.P.(MD)No.17303 of 2015 dated 08.04.2019 and punish the respondents for the contempt committed by them. Prayer in WP(MD). 17303/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus to direct the respondents to Release the petitioners land in Re Survey NO. 114/1 & Re Survey No. 110/2 sitauated in Madakkulam village, Madurai South Taluk & District, by treating the South West Extension Detailed Detailed Development Plan Part VII of Madurai Local Planning Area as lapsed U/ Sec. 38 of Tamil Nadu Town & Country Planning Act 1971 (Tamil Nadu 35 of 1974). For Petitioner : Mr.I.Saliyakhan For Respondents : Mr.R.Ragavendran, Government Advocate.

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O R D E R

The petitioner's lands were covered under the detailed development plan. However, acquisition proceedings were not taken within three years. Hence, the petitioner filed W.P.(MD)No.17303 of 2015 for getting declaration that the petition mentioned lands stood released. The said writ petition was allowed on 08.04.2019 and the declaration sought for by the petitioner was also granted. However, consequential steps were not taken by the respondents. Hence, this contempt petition came to be filed.

2. Today when the matter was taken up for hearing, the learned Government Advocate produced a copy of the communication dated 21.12.2021 issued by the second respondent stating that the petition mentioned lands have been released.

3. Recording the said development, this contempt petition is disposed of. It is directed that the release shall also be duly recorded in the relevant records.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) PMU Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. A.Saravanavelraj,I.A.S., Director of Town and Country Planning, Chennai.

2. A.Vijayan, Member Secretary, Madurai Local Planning Authority, 2/3

3. Karthikeyan, Commissioner, Madurai Corporation, +1 CC to M/s.SPL GP ( SR-39985[F] dated 22/12/2021 ) +1 CC to M/s.I.SALIYAKHAN, Advocate ( SR-40049[F] dated 22/12/2021 ) CONT.P.(MD)No.1644 of 2021 in W.P.(MD)No.17303 of 2015 21.12.2021 RD(11.01.2022) 3P 6C 3/3