Disposed

M.Vinoth v. Shalick

Madras HC17 Apr 2024CONT P/767/2024

Case brief

AI extract

What is this about?

Contempt petition alleging willful disobedience of a writ order requiring inspection and action against an unauthorised construction. The Court found the premises had been locked and sealed pursuant to the direction, held the order complied with in letter and spirit, closed the contempt petition, and left the petitioner free to seek recovery of possession through legal remedies.

What the court decided

AI extract

M.Vinoth Vs Shalick — Municipal and Town Planning | Madras HC (2024)

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Cont.P.No.767 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17.04.2024

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CORAM :

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THE HON'BLE MR. JUSTICE S.S.SUNDAR AND

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THE HON'BLE MR.JUSTICE N.SENTHILKUMAR

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Contempt Petition No.767 of 2024

M.Vinoth

.. Petitioner

Mr.Shalick The Zonal Officer-03 Madhavaram Zone-03 Corporation of Greater Chennai No.1, Thattankulam Street Madhavaram Chennai 600 060 .. Respondent

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Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondent for willful disobedience of the order dated 24.02.2021 made in W.P.No.4039 of 2021.

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For Petitioner :: Mr.M.Thamizhavel

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For Respondent :: Mr.D.B.R.Prabhu Standing Counsel

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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Cont.P.No.767 of 2024

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ORDER

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(Order of the Court was made by S.S.SUNDAR,J.)

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This Court finds no willful disobedience of the direction of this Court. By order dated 24.02.2021 in W.P.No.4039 of 2021, this Court disposed of the writ petition with the following direction:-

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“8.Though the petitioner has prayed for a larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, either in his representation or in this writ petition, directs the 2^nd respondent to put the petitioner as well as the 4^th respondent on notice and thereafter, cause inspection of the alleged unauthorised construction being undertaken by the 4^th respondent and if the result of the inspection reveals any infraction/violation of the relevant provisions of law/Regulations, shall take immediate, necessary and appropriate action in accordance with law, by also adhering to the principles of natural justice and complete the said exercise as expeditiously as possible and not later than eight

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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Cont.P.No.767 of 2024

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weeks from the date of receipt of a copy of this order/uploading of the order in the website and communicate the decision taken, to the petitioner as well as to the 4^th respondent herein.”

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Pursuant to the above order, it appears that the respondent had initiated proceedings and the premises is now kept under lock and seal by

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the order of the respondent. Hence, this Court is of the view that the direction of this Court has been complied with. Even though it is stated by the petitioner that the respondent has not taken further steps to demolish the building, this Court is not inclined to pass any further order, except recording the fact that the respondent has complied with the direction of this Court in its letter and spirit. Therefore, recording the fact that the unauthorised construction put up by the fourth respondent in the writ petition in the subject premises is now sealed, this contempt petition is closed. It is open to the petitioner to workout his remedy to seek recovery of possession of the property in the manner known to law.

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Index : yes/no (S.S.S.R.,J.) (N.S.,J.)

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_____________ Page 3 of 5_

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https://www.mhc.tn.gov.in/judis

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Cont.P.No.767 of 2024

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Neutral citation : yes/no ss

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17.04.2024

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S.S.SUNDAR,J. AND N.SENTHILKUMAR,J.

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Cont.P.No.767 of 2024

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_____________ Page 4 of 5_

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https://www.mhc.tn.gov.in/judis

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Cont.P.No.767 of 2024

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17.04.2024

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Page 5 of 5

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https://www.mhc.tn.gov.in/judis

M.Vinoth v. Shalick

Case brief

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What the court decided

M.Vinoth v. Shalick

Case brief

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