R.Mayilsamy v. S.Sivarasu, Ias

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Cont.P.(MD)No.1502 of 2025 in W.P.(MD)No.28372 of 2024 R.Mayilsamy ... Petitioner Vs.

1.Mr.S.Sivarasu IAS., The Director of Municipal Administration, No.78, Urban Administrative Buildings, Santhom High Road, MRC Nagar, Chennai-28.

2.Mrs.M.S.Sangeetha IAS., The District Collector, Collectorate Building, Madurai-625 020.

3.Mrs.Chitra Vijayan IAS., The Commissioner, Madurai City Municipal Corporation, Madurai Aringaar Anna Maligai, Thallakulam, Madurai-625 002.

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4.Mrs.Manju, The Member Secretary / The Assistant Dirctor, Town Planning Country, Sector 6, Anaiyur, Koodalpudur-Anaiyur, Madurai-625 017.

5.Mr.Gobu, The Assistant Commissioner, Zone-2 (North), Madurai City Corporation, K.Pudhur, Madurai-625007.

...Respondents

PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents for their willful disobedience of the order of this Court dated 28.11.2024 made in W.P.(MD)No.28372 of 2024. For Petitioner : Mr.J.M.Aravind Pawlraj For R1, R2 & R4 : Mr.P.Thilak Kumar, Government Pleader For R3 & R5 : Mr.S.Vinayak, Standing Counsel

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) This Contempt Petition has been instituted to punish the respondents for their willful disobedience of the order of this Court dated 28.11.2024 made in W.P.(MD)No.28372 of 2024.

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2.The learned counsel appearing for the petitioner would submit that the petitioner's application has not been disposed of. However, the application itself has not been enclosed along with the typed set of papers filed in the Contempt Petition.

3.The learned counsel for the petitioner would further submit that the application submitted by the 6th respondent in the Writ Petition was rejected by the authorities under Tamil Nadu Town and Country Planning Act, 1971. 4.May that as it be, it is needless to state that the authorities competent are bound to remove the unauthorized construction by following the proceedings as contemplated under the relevant statutes and rules. Whether the unauthorized construction is made by the 6th respondent or by the petitioner are all to be dealt with in accordance with law. However, we do not find any willful disobedience on the part of the respondents, warranting an action under the Contempt of Courts Act. Thus, this Contempt Petition is closed. (S.M.S., J.) & (A.D.M.C., J.) 23.06.2025 NCC : Yes / No Index : Yes / No Yuva 3/5

To 1.Mr.S.Sivarasu IAS., The Director of Municipal Administration, No.78, Urban Administrative Buildings, Santhom High Road, MRC Nagar, Chennai-28.

2.Mrs.M.S.Sangeetha IAS., The District Collector, Collectorate Building, Madurai-625 020.

3.Mrs.Manju, The Member Secretary / The Assistant Dirctor, Town Planning Country, Sector 6, Anaiyur, Koodalpudur-Anaiyur, Madurai-625 017.

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S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

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