Madras High Court
A.Thirumalai Kumara Swamy vs Mrs.Srivalli on 9 July, 2018
Author: M.Sathyanarayanan
Bench: M.Sathyanarayanan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09-07-2018 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN CONTEMPT PETITION No.303 OF 2017 A.Thirumalai Kumara Swamy ... Petitioner -vs- Mrs.Srivalli, Special Tahsildar, Town Land Planning, Royakottai Road, (Near Sub Treasury) Hosur, Krishnagiri District. ... Respondent Petition under Section 11 of the Contempt of Courts Act, to punish the respondent for wilfully disobeying the order, dated 02.09.2016, passed by this Court in W.P.No.30590 of 2016. For petitioners : Mr.E.Kannadasan For respondent : Mr.M.Elumalai, Govt.Advocate. O R D E R
The petitioner, alleging non-compliance of the order passed by this Court in W.P.No.30590 of 2016, dated 02.09.2016, came forward to file this Contempt Petition.
2. On 13.06.2017, this Court, while ordering notice, has directed the jurisdictional Regional Director, Municipal Administration, Salem, along with the Commissioner, Hosur Municipality, to cause joint inspection of the plots and find out as to how many unauthorised constructions are in existence and file a status report. Accordingly, the Commissioner, Hosur Municipality, has filed an affidavit, dated 14.11.2017, and it is relevant to extract paragraph 3 of the said affidavit, which reads as under :
"3. I submit that this respondent Municipality identified that there are 208 unapproved layouts within the Hosur Municipality and to regularize all those unapproved layouts as per the G.O.(Ms) 78 dated 04.05.2017 and G.O.(Ms) No.172 dated 13.10.2017, Housing and Urban Development Department, this Municipality after receiving the layout frame work approved by the Hosur New Town Development Authority for necessary plan sanction."
3. It is not clear from the affidavit as to how many unauthorised constructions came into being on the unapproved plots. In the light of the same, the Commissioner, Hosur Municipality, shall take appropriate steps to identify the unauthorised/deviated structures and take action in accordance with law, on putting the alleged violators on notice as expeditiously as possible within a period of twelve weeks from the date of receipt of a copy of this order.
4. In so far as the present contempt affidavit is concerned, the Special Tahsildar, Hosur, vide her proceedings in Na.Ka.No.1179/2016, dated 31.03.2017, has found that out of 2037 sq.ft., said to have been purchased by the petitioner, only 590 sq.ft. is vacant and directed the petitioner to get vacant possession of the entire land and thereafter apply for patta. In the counter affidavit, the said official has also taken a stand that there is a mismatch in the description of the plot area and as such the request made by the petitioner cannot be considered.
5. In the light of the above facts and circumstances, this Court is of the considered opinion that the respondent did not wilfully violate the orders passed by this Court. Therefore, this Contempt Petition is closed. However, the petitioner is granted liberty to challenge the proceedings of the Special Tahsildar, dated 31.03.2017, in accordance with law before the competent forum, subject to the law of limitation, if any. No costs.
6. Registry is directed to forward a copy of this order to the Commissioner, Hosur Municipality, Hosur, Krishnagiri District, also, for taking necessary action, as stated above.
09-07-2018 Index : No Internet : Yes dixit To Mrs.Srivalli, Special Tahsildar, Town Land Planning, Royakottai Road, (Near Sub Treasury) Hosur, Krishnagiri District.
M.SATHYANARAYANAN,J.
dixit CONT.PET.No.303 OF 2017 09-07-2018