C.Madhuravani v. C.Hari Kiran

THE HON’BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN

AND

THE HON’BLE Ms. JUSTICE J. UMA DEVI

Contempt Case No.156 of 2018

Order: (Per the Hon’ble The Acting Chief Justice Ramesh Ranganathan)

This Contempt Case is filed alleging violation of the order passed by this Court in W.A. No. 1024 of 2017 dated 9.8.2017. By the order passed in W.A. No.1024 of 2017, the respondents therein were directed to consider the earlier notice issued under Section 636 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short “the GHMC Act”) as a show cause notice to which the appellants-writ petitioners were permitted to file a reply within two weeks from the date of the order, and the Tirupathi Municipal Corporation was directed, after considering the reply to the show cause notice, to take necessary action in accordance with law.

In the counter affidavit filed by the Commissioner, Tirupathi Municipal Corporation, it is stated that the writ petitioners had submitted a representation on 4.1.2018 in reply to the show cause notice issued earlier; and thereafter a final notice dated 17.1.2018 was issued directing the petitioners to remove the structures; and, since the time allowed in the notice expired on 4.2.2018, the subject structures were demolished in accordance with law on 3.3.2018.

It is clear that the respondents had treated the earlier Section 636 proceedings as a show cause notice, to which the writ petitioners had submitted their reply, and it is only thereafter that the final order was passed.