A. Mithun Chakravarthy v. K. Phaindra Reddy Secretary to the Government, Municipal Administration and Water Supply
2016-07-20
M.VENUGOPAL
body2016
DigiLaw.ai
ORDER : There is no representation on the side of the Petitioner at the time of calling of the matter. However, there is representation on the side of the Respondents 1 to 4. 2. It comes to be known that the Petitioner has focussed the instant Contempt Petition before this Court praying for passing of an order by this Court to punish the Respondents/Contemnors for their wilful and wanton disobedience and non- compliance of the interim order passed by this Court in M.P (MD) No. 1 of 2014 in W.P (MD) No. 19928 of 2014, dated 9.12.2014. Earlier, this Court, in M.P (MD) No. 1 of 2014 in W.P (MD) No. 19928 of 2014, dated 9.12.2015, filed by the Petitioner/Writ Petitioner against (1) The Secretary to the Government, Municipal Administration and Water Supply, Fort.St.George and five others, had passed the following order: ''Heard the learned counsel for the Petitioner. Mr. K. Gujru, learned Additional Government Pleader takes notice for R1, R3 and R5. For R4, Mr. D. Muruganandam, learned Additional Government Pleader takes notice. In respect of R6, notices through Court and privately are ordered returnable by 18.12.2014. In the meanwhile, it is open to the respondents 1 to 4 to look into the representations of the Petitioner dated 7.10.2014 and 3.12.2014 and to take such action as they deem fit and proper considering the allegation relating to illegal construction and misappropriation of funds of the public as averred by the Petitioner in his Writ affidavit.'' 3. It is to be noted that the Petitioner at Para Nos. 5 and 6 of the affidavit in the Contempt Petition, had inter-alia averred as follows: 5. submit that immediately on 9.12.2014 itself, I applied for the copy of the above said interim order and the copy was made ready and delivered on 10.12.2014. On receipt of the said interim order, on 19.12.2014 itself I sent a representation along with the above said interim order and my representation dated 3.12.2014 to the first respondent/ contemnor herein informing him that about the interim order dated 9.12.2014 in M.P (MD) No. 1 of 2014 in W.P (MD) No. 19928 of 2014 and the direction issued therein. The said representation dated 19.12.2014 was also received by the first respondent.
The said representation dated 19.12.2014 was also received by the first respondent. Now even after a lapse of more than 3 + months after receipt of the said representation dated 19.12.2014, the respondents herein have failed to obey, comply and effect the said interim order dated 9.12.2014. The respondents/contemnors herein are not having any regard for the above said interim order dated 9.12.2014 passed by this Honourable Court and as such, they have not considered my representations dated 7.10.2014 and 3.12.2014 and not taken any step action upon the same. 6. I submit that the non-compliance by the contemnors herein of the interim order dated 9.12.2014 passed by this Honourable Court is deliberate and wilful and therefore has committed a contempt of this Court. 4. Per contra, it is the submission of the Learned Additional Government Pleader appearing for the Respondents 1, 2 and 4 that considering the application of the Petitioner, dated 14.10.2014, the Fourth Respondent through his proceedings in Na.Ka.No.. 305/2014/M2 issued a notice to the Sixth Respondent therein to remove the construction made by him deviating from the approval granted. Further, since the Sixth Respondent had not followed the notice and given a reply letter on 10.11.2014 and 24.11.2014, two notices were issued. 5. The Learned Additional Government Pleader for the Respondents 1, 2 and 4 further proceeds to brings it to the notice of this Court that earlier an approval was granted for ground floor and first floor construction in Door No. 15-01-88 located in Survey No.43 and 44/11, New Ward No.15, Thjirupur Kumaran Street, Veerapandian Village, PlC.Patti and this approval was granted for reconstruction for building measuring an extent of 1701 sq.fts ground floor and 1701 sq.fts first floor on 17.2.2014 and that the Fifth Respondent has granted approval for the second and third floor. 6.
6. In fact, it is the pin-pointed plea of the Fourth Respondent that subsequent to the notice referred to above, the Sixth Respondent in W.P (MD) No. 19928 of 2014 made an application on 1.12.2014 and this application was holding a prayer to approve the second and third floor construction measuring an extent of 1701 sq.ft each and then the application was forwarded by the Fifth Respondent to the Deputy Director, Town and Country Planning, Madurai Zone, Madurai and further on 22.2.2015, the Deputy Director through his proceedings in Na.Ka.No.2825/2014/Ma.Ma.4, dated 22.1.2015 rejected the proposal sent by their office in respect of the application submitted by the Sixth Respondent for obtaining plan approval for the second and third floor. 7. Apart from that, the Learned Additional Government Pleader for Respondents 1,2and 4 submitted that following the order of the Deputy Director, dated 11.2.2015, the Fourth Respondent through his proceedings informs the Sixth Respondent in the Writ Petition (MD) No. 19928 of 2014 that his plea on plan approval for the second and third floor has been rejected. Further on 26.2.2015, a notice was issued to the Sixth Respondent to stop using the un-authorised construction. In fact, the Town Panchayat had taken all necessary steps as per Law even before filing of the Writ Petition and pending Writ Petition and the 4th Respondent as per law had taken all necessary legal steps on the unauthorized construction put up by the Sixth Respondent in the Writ Petition. 8. The pith and substance of the stand taken on behalf of Respondents 1, 2 and 4 is that there is no disobedience of the order passed by this Court in M.P (MD) No. 1 of 2014 in W.P (MD) No. 19928 of 2014, dated 9.12.2014 and as such the Contempt Petition filed by the Petitioner deserves dismissal in the hands of this Court. 9. In view of the fact that the Fourth Respondent had looked into the representations of the Petitioner, dated 7.10.2014 and 3.12.2014, even before the filing of the present Writ Petition filed by the Writ Petitioner and also taken subsequent action even in the main Writ Petition itself, it is contended on behalf of the Respondents 1, 2 and 4 that they have taken action in accordance with Law. This Court, at this stage, comes to an inescapable and inevitable conclusion that nothing survives for adjudication in the present Contempt Petition.
This Court, at this stage, comes to an inescapable and inevitable conclusion that nothing survives for adjudication in the present Contempt Petition. Viewed in that perspective, the Contempt Petition stands closed.