Madras High Court
Dr.Geetha Devadas vs J.Kumaragurubaran on 23 January, 2025
Author: S.S.Sundar
Bench: S.S.Sundar
Cont.P.No.3677 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.01.2025
CORAM
THE HONOURABLE MR. JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MR.JUSTICE P.DHANABAL
Contempt Petition No.3677 of 2024
Dr.Geetha Devadas .. Petitioner
vs.
1.J.Kumaragurubaran, IAS,
The Commissioner,
The Greater Chennai Corporation,
Rippon Building,
Chennai-600 003.
2.K.J.Praveen Kumar, IAS,
The Regional Deputy Commissioner (Central),
Corporation of Chennai,
2nd Cross Street (East), Pulla Avenue,
Shenoy Nagar, Chennai-600 030.
3.T.Padmanaban,
The Executive Engineer,
Corporation of Chennai,
Enforcement Region – Central,
2nd Cross Street (East), Pulla Avenue,
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Cont.P.No.3677 of 2024
Shenoy Nagar, Chennai-600 030.
4.Ashokkumar,
The Assistant Executive Engineer,
Division 103,
Corporation of Chennai,
2nd Cross Street (East), Pulla Avenue,
Shenoy Nagar, Chennai-600 030.
5.Nandagopal,
The Assistant Engineer,
Ward 103,
Chennai-40.
6.Anshul Mishra, IAS,
The Member Secretary,
Chennai Metropolitan Development Authority,
No.1, Gandhi Irwin Road,
Chennai-600 008. ..Respondents
Prayer: Contempt Petition filed under Section 11 of the Contempt of
Courts Act, 1971, praying to punish the respondents for willful
disobedience of the order passed by this Court in W.P.No.11574 of 2024,
dated 26.7.2024.
For Petitioner : Mr.D.Udhayasuriyan
For Respondents : Mr.D.B.R.Prabhu
Standing Counsel
for respondent Nos.1 to 5
Ms.P.Veena Suresh
Standing Counsel
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Cont.P.No.3677 of 2024
for respondent No.6
ORDER
(Order of the Court was made by S.S.Sundar, J.) This Court, by order dated 26.07.2024, disposed of the writ petition with the following directions:
“(i) Greater Chennai Corporation is directed to issue revised Locking & Sealing and Demolition notice indicating all the deviations/violations to the approved plan and to serve the notice to the present owner/the revision petitioner herein.
(ii) The said revised LSD notice shall be issued following all statutory proceedings prescribed in Tamil Nadu Town and Country Planning Act, 1971 and in compliance with G.O.Ms.No.195, Housing and Urban Development (UD4(1) Department, dated 05.11.2022.
(iii) On expiry of the statutory period, Greater Chennai Corporation shall proceed to take further action on the building of the revision petitioner as per the provisions in Tamil Nadu Town and Country Planning Act, 1971.
(iv) Greater Chennai Corporation shall also take necessary action against the objector's building if it is found unauthorised or deviated to the approved plan after ascertaining the status of pending application filed for regularisation submitted to Greater __________ Page 3 of 6 https://www.mhc.tn.gov.in/judis Cont.P.No.3677 of 2024 Chennai Corporation on 29.06.2022.”
2. In compliance with the directions of this Court, the Executive Engineer, Zone-8, Greater Chennai Corporation, has issued a notice dated 23.12.2024 to Kasturi (respondent No.8 in the writ petition) to secure compliance with the planning permission by demolishing the unauthorised portion and by restoring the building as per the sanctioned planning permission. It is firmly indicated that in case, the said Kasturi is not demolishing the unauthorised portion, action will be taken for demolition or alteration of the building.
3. The notice of the Executive Engineer, Greater Chennai Corporation, dated 23.12.2024, is in compliance with the directions of this Court dated 26.07.2024 in W.P.No.11574 of 2024.
4. Recording the compliance, the contempt petition is closed. No costs.
(S.S.SUNDAR, J.) (P.DHANABAL, J.)
23.01.2025
Index : Yes/No
NC : Yes/No
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AND P.DHANABAL, J.
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