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2025 DIGILAW 1848 (MAD)

M. Siva, S/o. Manickam v. Thiru. B. Ganesan, I. A. S.

2025-04-02

K.RAJASEKAR, S.M.SUBRAMANIAM

body2025
ORDER : S.M.Subramaniam, J. The contempt petition has been instituted to punish the respondents for willful disobedience of the order of this Court dated 07.02.2018 passed in W.P.No.6516 of 2017. 2. The builder/violator Mrs.R.Mohala filed Sub Application No.840 of 2024 seeking impleadment. 3. The facts in nutshell reveal that Mr.M.Siva filed WP No.6516 of 2017 seeking direction to the Commissioner, Panruti Municipality to take action against the unauthorized constructions located at Door Nos.84, 85A, Kumbakonam Road, Ward-A, Block No.50, T.S.Nos.37, 38, 39, as per the letters of the Assistant Commissioner, Town and Country Planning Department, dated 10.06.2016 and 15.02.2017 and by affording opportunity to the parties. 4. The Division Bench of this Court allowed the writ petition on 07.02.2018. Directions were issued to demolish the violated portions of the building within a period of one month. Pertinently, the builder Smt.R.Mohala is th the 7 respondent in the said writ petition. The Division Bench has elaborately considered the issues on merits and passed a detailed order. The said order was challenged before the Hon’ble Supreme Court of India by Smt.R.Mohala and the Special Leave Petition was dismissed on 10.05.2024. The Review Application filed before the Division Bench of this Court was also dismissed. 5. Again, the said Smt.R.Mohala filed another writ Petition in W.P.No.9673 of 2022 challenging the rejection order passed by the Government in G.O.(3D).No.19, Housing and Urban Development Department, Dated 01.02.2021. The Division Bench of this Court passed final orders on 12.01.2023 as follows: “6. Considering the above submissions made by the learned Additional Government Pleader appearing for the respondents, the petitioner is not entitled for the relief now sought for and the petitioner is given liberty to renew her request for regularisation based on the orders to be passed by the Hon'ble Apex Court in S.L.P.(C).No.12460 of 2018. 7.With the above observations, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.” 6. Once again, the said Smt.R.Mohala filed W.P.No.18713 of 2024 challenging the Demolition Notice issued by the Commissioner, Panruti Municipality on 14.06.2024 and to consider the application for regularization. The said writ order was disposed of with a direction to consider the application. 7. Pertinently, none of the facts regarding the detailed adjudication made by the Division Bench of this Court in W.P.No.6516 of 2017 dated 07.02.2018 has been placed before the Court. The said writ order was disposed of with a direction to consider the application. 7. Pertinently, none of the facts regarding the detailed adjudication made by the Division Bench of this Court in W.P.No.6516 of 2017 dated 07.02.2018 has been placed before the Court. Dismissal of the Special Leave Petition by the Hon'ble Supreme Court was also not brought to the notice of the Division Bench of this Court. A simple direction was obtained as if the petition for regularization is pending. 8. The judicial process has been abused in order to protect the unauthorized constructions. Again this Court, directed the Commissioner, Panruti Municipality to submit a report and the status report filed by the Commissioner, Panruti Municipality reveals about the unauthorized constructions and its details, which reads as under: “3. During the inspection, Petitioner herein and third respondent were present. The measurements of the building were taken and the deviations in the Building are given as per the tabular column below: Rule No Parameter Required Provided Violation Violation Remarks 35 (b) (d) (i) Front setback Commercial 4.50 m 4.54 m Nil Nil Satisfied 36(d)(D)(ii) Side setback (1) Commercial 1.50 m 0.90 m 0.30 m 20.00% Not Satisfied 36(d) (D) (ii) Side setback (2) Commercial 1.50 m 1.58 m Nil Nil Satisfied 36(d) (D) (ii) Rear Setback Commercial 1.5 4.78m Nil Nil Satisfied 17 (b) Minimum width of tread 300mm Less than 300mm 250mm 16.00% Not Satisfied 17 (c) Maximum raiser 150mm More than 150mm 200mm 33.00% Not Satisfied Annexure IV (2) (A) Commercial Parking Requirements Car 16 Nos 05 Nos 16 (without driveway) 16 Nos 100.00% Not Satisfied Two wheeler 38 Nos 16 Nos 13 (without driveway) 35 Nos 92.00% Not Satisfied Driveway Annexure IV (II) (C) Driveway requirement for two- way movement 6.00m 3.58m 2.42m 40.00% Not Satisfied 4.In regard to the Building, the appeal before the Government Under Section 79 of the Town and Country Planning Act, is pending before the Secretary to Government, Housing & Urban Development Department.” 9. This Court directed the Commissioner, Panruti Municipality to set out th the entire facts and accordingly, an affidavit dated 20 March 2025 has been filed. This Court directed the Commissioner, Panruti Municipality to set out th the entire facts and accordingly, an affidavit dated 20 March 2025 has been filed. The said affidavit reveals about the earlier order of the Division Bench of this Court dated 07.02.2018 in W.P.No.6516 of 2017 and the order passed by the Apex Court in SLP (C)No.12460 of 2018 and about dismissal of the appeal by the Government in G.O.(3D) No.19, Housing & Urban Development Department, dated 01.02.2021 and the subsequent notice issued by the Municipality for demolition. 10. The said builder Smt.R.Mohala has made an attempt to prolong and protract the proceedings by filing repeated writ petitions and more specifically, without impleading the necessary parties and by suppressing certain vital facts and by not stating about the detailed order passed by the Division Bench in earlier writ petitions. Through multiplicity of proceedings, judicial process has been abused and an attempt has been taken to protect the unauthorized constructions and therefore, this Court is of the considered opinion that filing of subsequent writ petitions are nothing but abuse of judicial process. 11. The order passed in W.P.No.18713 of 2024 dated 12.07.2024 cannot stand in the way of concluding the enforcement action since the earlier Division Bench order passed in detail, adjudicating the merits were not brought to the notice of this Court and more so, the said order has been confirmed by the Hon’ble Supreme Court of India on 10.05.2024 in SLP (C) No.12460 of 2018. Therefore, the Commissioner, Panruti Municipality and the Director, Town and Country Planning Department are directed to implement the orders of the Division Bench of this Court dated 07.02.2018 passed in W.P.No.6516 of 2017. The implementation of the Division Bench order is directed to be completed within a period of four weeks from the date of receipt of a copy of this order. 12. List the matter under the caption “for reporting compliance” on 30.04.2025.