Madras High CourtCONT P(MD)/1978/2024closed

M.Indrani v. Mohan Kumar

2025-01-08Honourable Mr Justice Rmt. Teekaa Raman,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2025

CORAM

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR M.Indrani ... Petitioner -vsMr.Mohan Kumar, Executive Officer, Nilakottai Town Panchayat, Dindigul District.

... Respondent Prayer: Petition filed under Section 11 of Contempt of Court Act, 1971 to punish the contemnor / 4th respondent herein for willful disobedience of the order of this Hon'ble Court dated 25.03.2024 made in W.P.(MD).No.6518 of 2019.

For Petitioner : M/s.J.David Ganesan For Respondent : Mr.G.Suriyananth Additional Government Pleader

ORDER

(Order of the Court was made by the Hon'ble Rmt.Teekaa Raman J.) On the previous occasion i.e., on 04.12.2024, when the case came up before this court, the learned Additional Government Pleader had brought to the notice of the Court that the subject building was already approved vide Building Plan Approval No.29 of 2007 dated 11.09.2022 and there is no third floor in the subject building and it is a specific recording that the Writ Petition was filed suppressing the material fact that due approval was already given. The Petitioner has also filed a suit in O.S.No.27 of 2007, before the learned District Munsif Court, Nilakkottai and the same is pending. However, on the previous occasion i.e., on 04.12.2024, the learned counsel for the Petitioner requested time to get instructions and hence, one month time was granted.

2. Today the learned Additional Government Pleader for the Respondent has produced the photographs annexed with the geographical indication which shows that there is no 3rd floor in the subject building. Therefore, we find that the Petitioner has filed an affidavit with material suppression of facts.

3. Since the Writ Petition has been filed with material suppression of facts, the learned District Munsif Court, Nilakkottai Munsif with whom the case is pending in O.S.No.27 of 2007 is directed to dispose of the suit within a period of three (3) months from the date of receipt of a copy of this order. The order copy shall be marked as a Court document. [T.K.R., J.] [R.V., J.] 08.01.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm

RMT.TEEKAA RAMAN, J.

and R.VIJAYAKUMAR, J.

rgm 08.01.2025