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[Cites 2, Cited by 0]

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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https://www.mhc.tn.gov.in/judis Cont.P.No.3677 of 2024 bbr __________ Page 5 of 6 https://www.mhc.tn.gov.in/judis Cont.P.No.3677 of 2024 S.S.SUNDAR, J.

AND P.DHANABAL, J.

bbr Cont.P.No.3677 of 2024 23.01.2025 __________ Page 6 of 6 https://www.mhc.tn.gov.in/judis