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Madras High CourtCONT P(MD)/1099/2019closed

M.Srinivasan v. Annadurai

2022-12-22Honourable Dr Justice G. Jayachandran,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2022

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN THE HON'BLE MR JUSTICE B.PUGALENDHI Cont.P(MD) No.1099 of 2022 M.Srinivasan ... Petitioner/Petitioner -Vs1.Mr.Annadurai, The Member Secretary, Nagercoil Local Planning Authority, Collectorate, Nagercoil, Kanyakumari District.

2. Mr.S.Kumaraswamy, The Secretary, Vadasai Nagar Hindu Matha Valliyoor Saliyar Kalvi Niruvanam, Asambu Road, Vadasery, Nagercoil, Kanyakumari District.

... Respondents/Respondents 3 & 7 PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to punish the contemnors/Respondents for his deliberate and wilful disobedience of the order of this Court made in W.P.(MD)No.21160 of 2018 dated 14.12.2018.

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For Petitioner : Mr.R.Murugan For R1 : Mr.D.Sasi Kumar Additional Government Pleader For R2 : Mr.C.Dhanaseelan

O R D E R

DR.G.JAYACHANDRAN,J.

B.PUGALENDHI,J.

The Additional Government Pleader states that subject to the order of this Court, the building was put under lock and seal pending approval of the planning permission. Thereafter, the authorities, having scrutinized the building plan, have approved the same vide proceedings dated 03.10.2022. However, pending contempt proceedings, the lock and seal is not yet removed. This Court finds that the building which is the subject matter of the Writ Petition is a Higher Secondary School. Since the planning of the building has been approved by the competent authority, nothing survives for further adjudication in this Contempt Petition. 2/4

2. In the result, this Contempt Petition is closed. No costs. However, it is open to the petitioner to challenge the plan approval proceedings, if he is so aggrieved.

[G.J.,J.] [B.P,J.] Index : Yes / No 22.12.2022 Internet : Yes / No CM To, 1.Mr.Annadurai, The Member Secretary, Nagercoil Local Planning Authority, Collectorate, Nagercoil, Kanyakumari District.

2. Mr.S.Kumaraswamy, The Secretary, Vadasai Nagar Hindu Matha Valliyoor Saliyar Kalvi Niruvanam, Asambu Road, Vadasery, Nagercoil, Kanyakumari District.

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DR.G.JAYACHANDRAN,J.

B.PUGALENDHI,J.

CM Cont.P(MD) No.1099 of 2022 22.12.2022 4/4