Dismissed

M/s Wood Wharf Small Scale Industries Owners Association, v. Sethupathi

Madras HC2 Nov 2021CONT P/1204/2021

Case brief

AI extract

What is this about?

The court closed a contempt petition against respondents for non-compliance with a prior order. A workable arrangement was reached allowing the petitioner's association to use a specific road for lorries until the main construction is completed, after which the road will be handed back to the Public Works Department.

What did the court decide?

The pair was dismissed with a direction to the petitioner's association to use the agreed road and the respondents to ensure no further encroachment.

M/s Wood Wharf Small Scale Industries Owners… — Civil Procedure and Limitation | Madras HC (2021)

¶1

Cont.P.No.1204/2021

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.11.2021

¶3

CORAM

¶4

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

¶5

Cont.P.No.1204/2021 [Video Conferencing]

¶6

M/s. Wood Wharf Small Scale Industries

¶7

Owners Association, No.98/4, 1^st Street, Walltax Road,

¶8

Chennai 600 079, Rep. by its Secretary, K.Rajendran .. Petitioner

¶9

Versus

¶10

1.Sethupathi, Chief Engineer, Tamil Nadu Urban Habitat Development Board, Kamarajar Salai, Chennai - 600005.

¶11

2.L.Manoharan,

¶12

Executive Engineer, Tamil Nadu Urban Habitat Development Board, Vysarpadi, Chennai – 600 039.

¶13

3.Muralidharan, Chief Engineer, Public Works Department, Chennai Region, Chepauk, Chennai – 600 005.

¶14

4.N.Jeyakumari,

¶15

Executive Engineer, Public Works Department, Araniyar Basin Division, https://hcservices.ecourts.gov.in/hcservices/ Chepauk, Chennai – 600005. ... Respondents

¶16

¶17

Cont.P.No.1204/2021

¶18

Prayer : - This petition filed under Section 11 of Contempt of Courts Act, 1971 to punish the respondents for not complying the order of this Court, dated 14.02.2020 in W.P.No.33477 of 2019.

¶19

For Petitioner : Mr.V.Ramamurthy For R1 and R2 : Mr.S.Prabhu For R3 and R4 : Mr.P.Balathandayutham Govt. Advocate (Civil Side)

¶20

ORDER

¶21

Heard Mr.V.Ramamurthy, learned Counsel for the petitioner,

¶22

Mr.P.Balathandayutham, learned Government Advocate (Civil Side) for Public Works Department and Mr.S.Prabhu, learned Standing Counsel for Tamil Nadu Urban Habitat Development Board.

¶23

The presence of L.Manoharan, Executive Engineer of Tamil Nadu Urban Habitat Development Board and Ms.N.Jeyakumari, Executive Engineer, Public Works Department, Chepauk are also acknowledged.

¶24

After having quite detailed discussion, it is satisfying to record that finally some solution has been given to address the grievances which have been raised by the petitioner herein and in compliance of the order in W.P.No.32477 of 2019.

¶25

In view of such arrangement, being reached among the parties, nothing further survives in the present Contempt Petition, which is

¶26

accordingly closed. https://hcservices.ecourts.gov.in/hcservices/

¶27

¶28

Cont.P.No.1204/2021

¶29

Further, it would be proper that the arrangement is recorded. The

¶30

respondents/officials have identified the Canal Bank Road, which runs from

¶31

the Basin Bridge Junction to Elephant Gate Road, to be used by the members of the petitioner's association as the route for their lorries to move while carrying goods from and out of their respective places of business.

¶32

It had been assured that there shall be no further encroachment on

¶33

the said road and ingress and egress to the extent possible shall be afforded to the lorries of the petitioner's association.

¶34

The petitioner's association may also ensure that all their members,

¶35

use the particular road without causing any further inconvenience to any of the officials/Public Works Department or Tamil Nadu Urban Habitat Development Board.

¶36

This arrangement shall be in place till construction is completed by the Tamil Nadu Urban Habitat Development Board and on completion of such construction, a regular road shall be provided going around the perimeter of such construction for usage of the petitioner's association. As on from that particular date, when that particular road is made available for use of the members of the petitioner's association, the present Canal Bank road shall be handed over back to the Public Works Department and no https://hcservices.ecourts.gov.in/hcservices/ longer can the road be used by the petitioner's association.

¶37

¶38

Cont.P.No.1204/2021

¶39

Recording the above, without going into any further complicated issues, the present Contempt Petition is closed.

¶40

Both the Mr.L.Manoharan, Executive Engineer, Tamil Nadu Urban Habitat Development Board and Ms.N.Jeyakumari, Executive Engineer, Public Works Department respectively had also, with due deference to the order of this Court, provided a workable solution for the benefit of the petitioner's association. Their duty in discharging their public

¶41

service is deeply acknowledged.

¶42

The assistance provided by Mr.V.Ramamurthy, learned Counsel and Mr.S.Prabhu, learned Standing Counsel for Tamil Nadu Urban Habitat Development Board and Mr.P.Balathandayutham, learned Government Counsel for Civil Side, who represented Public Works Department are deeply appreciated.

¶43

SD/-

¶44

ASSISTANT REGISTRAR(COMM.CASES)

¶45

smv

¶46

//Certified to be true copy//

¶47

Dated at Madras this the day of 2022.

¶48

COURT OFFICER(O.S.) from 25^th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format. https://hcservices.ecourts.gov.in/hcservices/ 28/01/2022

¶49

M/s Wood Wharf Small Scale Industries Owners Association, v. Sethupathi

Case brief

What is this about?

What did the court decide?

M/s Wood Wharf Small Scale Industries Owners Association, v. Sethupathi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Narasimman Vs the State Repby

Ramani Vs the District Collector

K.Santhosh Kumar Vs M.Marimuthu

Pramod Kumar Vs Union of India

State Rep by Vs Radhakrishnan

State Rep by Vs Radhakrishnan