Madras High CourtCONT P(MD)/1161/2023closed

R. Jeba Priya v. Agasthiyalingam

2023-11-02Honourable Mr Justice S.M. Subramaniam,Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MRS.JUSTICE S.SRIMATHY R.Jeba Priya ... Petitioner -vs1.Agasthiyalingam Verkizhambi Town Panchayat rep.by its Executive Officer Kallankuzhi Kallankuzhi Post-629 164 Kanyakumari District 2.S.Vijaya Raj ... Respondents PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for the willful disobedience of the order passed by this Court in W.M.P.(MD) No.11279 of 2022 in W.P.(MD) No.15667 of 2022, dated 19.07.2022.

For Petitioner :

Mr.Y.Jagadeesh For Respondents :

Mr.S.Kameswaran Government Advocate for R1 Mr.S.C.Herold Singh for R2

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] This contempt petition has been filed alleging willful disobedience of the order, dated 19.07.2022, made in W.M.P.(MD) No.11279 of 2022 in W.P. (MD) No.15667 of 2022.

2. The interim order passed by this Court was to the second respondent not to proceed with the construction without prior planning permission from the local body. Since the second respondent proceeded with the construction, the petitioner is constrained to move this contempt petition.

3. Today, when the matter was taken up for hearing, learned counsel appearing for the second respondent submitted that the second respondent himself has removed the unauthorized construction put up by him and to that effect, he has also produced photographs before this Court.

4. In view of the fact that the unauthorized construction has already been removed by the second respondent, no further adjudication is required in respect of the grounds raised in this contempt petition.

5. Accordingly, the contempt petition is closed. It is made clear that the second respondent shall not put up any further constructions unauthorizedly, without obtaining proper planning permission from the competent authority under the relevant statute. [S.M.S., J.] [S.S.Y., J.] 15.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

Mr.Agasthiyalingam, Executive Officer, Verkizhambi Town Panchayat, Kallankuzhi, Kallankuzhi Post-629 164, Kanyakumari District.

S.M.SUBRAMANIAM, J.

and S.SRIMATHY , J.

krk 15.11.2023