C. S. Shanmugham v. The Director of Town Planning 807, Anna Salai, Chennai-2 & Others
2008-02-16
M.JAICHANDREN
body2008
DigiLaw.ai
Judgment :- Heard Mr. T.R. Rajaraman, the learned counsel appearing on behalf of the petitioner and Mr. V. Bhavani Subbarayan, the learned counsel appearing on behalf of the respondents. 2. This contempt petition has been filed praying that this Court may be pleased to punish the respondents 1 to 3 for willfully disobeying the order of this Court, dated 21.07.1998, made in W.P.No.10204 of 1998. 3. The petitioner had filed the writ petition before this Court in W.P.No.10204 of 1998 for the issuance of a writ of mandamus to direct the respondents 2 to 4 therein to take appropriate action in accordance with the provisions of the Tamil District Municipalities Act and Tamil Nadu Town and Country Planning Act, 1971, to stop any further unauthorised construction and to remove the encroachment in the Municipal sanitary lane by the 5th respondent at Door No. 5/1 in K.V.S. Chetty Street, Vellore, within the municipal jurisdiction of the Vellore Municipality. This Court by an order, dated 27. 1998, had directed the respondents to consider the representation of the petitioner, dated 24.06.1998, and to take a decision, within two months from the date of production of a copy of the said order. 4. The learned counsel appearing on behalf of the respondents had submitted that pursuant to the order of this Court, dated 27. 1998, made in W.P.No.10204 of 1998, the building in question was inspected, on 02.09.1998, and again on 19. 1998 and the concerned papers were sent to the Municipal office and the same was informed to the petitioner by a letter, dated 12.08.1998, and a notice had been sent to the petitioner, on 12.09.1998. The respondents had also been instructed to remove the unauthorised building, within 30 days from the date of receipt of the notice and to restore the land to its original condition. In such circumstances, the respondents have not committed any contempt of Court by violating the orders passed by this Court on 27. 1998, in W.P.No.10204 of 1998. 5. In view of the averments made on behalf of the parties concerned and on a perusal of the records placed before this Court, it is clear that the respondents have not committed any contempt, as alleged by the petitioner. Hence, the contempt petition stands closed. No costs.