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[Cites 3, Cited by 0]

Madras High Court

Mrs. P. Kavitha vs Tmt. Kakarla Usha on 23 January, 2026

Author: S. M. Subramaniam

Bench: S. M. Subramaniam

                                                                                       CONT P No. 3937 of 2025


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 23-01-2026

                                                         CORAM

                                  THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

                                                            AND

                                    THE HON'BLE MR.JUSTICE K.RAJASEKAR

                                            CONT P No. 3937 of 2025

                Mrs. P. Kavitha,
                D/o. Late S.R. Pamanabhan,
                7, New No. 20, Thangam Colony 1st Street,
                Anna Nagar West,
                Chennai -600040.
                                                                                           ..Petitioner(s)
                                                              Vs

                1. Tmt. Kakarla Usha, I.A.S.,
                     The Secretary to the Government,
                     Housing and Urban Development
                     Department,
                     Fort St. George, Chennai -600 009.


                2. J.Kumaragurubaran, I.A.S.,
                     The Commissioner,
                     Greater Chennai Corporation,
                     Ripon Building, Chennai.




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                                                                                         CONT P No. 3937 of 2025


                3. T.Padmanabhan,
                     The Executive Engineer,
                     Zone-VIII, Greater Chennai Corporation,
                     Chennai-600 001.
                                                                                           ..Contemnor(s)



                Prayer: Contempt Petition filed under Section 11 & 12 of the Contempt
                of Courts Act, to punish the respondents for Contempt of Court for
                wilfully disobeying the order dated 14.02.2025 passed by this Hon'ble
                Court in batch cases Writ Petition No. 37221 of 2024.
                              For Petitioner(s):           MRS.P.KAVITHA, (P-IN-P)


                              For Contemnor(s):            MR. T. CHANDRASEKARAN, SPECIAL
                                                           GOVERNMENT PLEADER FOR R1.
                                                           MR. D. B.R. PRABHU
                                                           STANDING COUNSEL FOR R2 & R3.



                                                           ORDER

(Order of the Court was made by S.M.Subramaniam J.) This Contempt Petition has been instituted to punish the respondents for their wilfull disobedience of the order of this Court dated 14.02.2025 made in W.P.No.37221 of 2024.

2. The petitioner-in-person in the present contempt proceedings is present. In the writ petition, this Court, directed the Official respondents __________ Page2 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/01/2026 03:49:04 pm ) CONT P No. 3937 of 2025 to demolish the unauthorised building / deviation, since the petitioner exhausted all the remedies under the statute even, the Government elaborately considered the claim of the petitioner under Section 80-A of the Tamil Nadu Town and Country Planning Act. Under those circumstances, this Court passed the order in the writ petition.

3. The petitioner-in-person would submit that the respondents have locked and sealed the premises and she is not in a position to take out her belongings kept inside the building. Due to the said situation, she is now residing at Bangalore in her relatives’ house. Under these circumstances, the petitioner would submit that she may be permitted to remove the belongings kept inside the subject building.

4. The learned Standing counsel appearing for the Corporation has no serious objection for the said request made by the petitioner.

5. In view of the facts and circumstances, the Chennai Corporation authorities shall fix a time and date and communicate the same to the petitioner in advance and allow her to remove her belongings in her convenient date. She may be given more than one or different spells as per her request in written to remove her belongings.

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6. The Authorities shall open the premises, allow the petitioner to remove her belongings and thereafter, proceed with the demolition of unauthorised construction. The Authorities are bound to complete the demolition of building as per the orders of this Court and handover the building to the owner / petitioner. The said exercise is directed to be completed within a period of three months from the date of receipt of a copy of this order.

7. With the above directions, this Contempt Petition stands disposed of. Consequently, connected sub-application is closed.

                                                                           (S.M.S.,J.)      (K.R.S.,J.)
                                                                                    23-01-2026
                Index: Yes/No
                Speaking/Non-speaking order
                Neutral Citation: Yes/No

                KKN




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                                                                                 CONT P No. 3937 of 2025




                To

                1. Tmt. Kakarla Usha, I.A.S.,
                   The Secretary to the Government,
                   Housing and Urban Development
                   Department,
                   Fort St. George, Chennai -600 009.

                2. J.Kumaragurubaran, I.A.S.,
                   The Commissioner,
                   Greater Chennai Corporation,
                   Ripon Building, Chennai.

                3. T.Padmanabhan,
                   The Executive Engineer,

Zone-VIII, Greater Chennai Corporation, Chennai-600 001.

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AND K.RAJASEKAR, J.

KKN CONT P No. 3937 of 2025 23-01-2026 __________ Page6 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/01/2026 03:49:04 pm )