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2011 Supreme(Mad) 4696
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE ELIPE DHARMA RAO & THE HONOURABLE MR. JUSTICE D. HARIPARANTHAMAN
K. Dasarathan & Another
Versus
Rajesh Lakhani, I.A.S. Commissioner Corporation of Chennai & Others
Contempt Petition No.513 of 2010, W.P.No.21514 of 2010 & M.P.No.1 of 2010
Decided On :Decided on : 09-12-2011
For the Petitioner - C. Umashankar, V. Raghavachari, Advocates.
For the Respondents - R1 - T. Mathi, R2 -Malarvizhi Udayakumar, Special Government Pleader, R3 - P. Rajamanickam, R4 - C. Kathiravan, Advocates.
Headnote:
Contempt of Court - Chennai City Municipal Corporation Act, 1919 - Town and Country Planning Act, 1971 - The judgment discusses the contempt petition filed against respondents for not obeying the court order to demolish unauthorized construction. It also addresses the writ petition seeking to quash the notice issued under the CCMC Act. The acts and sections referenced and discussed by the court include CCMC Act, 1919 (Section 220, 222), Town and Country Planning Act, 1971 (Section 56, 85). The court's decision emphasizes the importance of obtaining planning permission and the consequences of unauthorized construction on public access and easementary rights.
Fact of the Case:
The case involves a dispute over unauthorized construction adjacent to the petitioner's property, leading to a contempt petition and a writ petition seeking to quash a notice issued under the CCMC Act. The court found that the construction caused hindrance to public access and the petitioner's easementary rights.
Finding of the Court:
The court found that the respondents failed to comply with the court order to demolish the unauthorized construction and deliberately suppressed the contempt proceedings. The court dismissed the writ petition and accepted the apology of the Commissioner, Chennai Corporation.
Issues: The issues revolved around the unauthorized construction, compliance with court orders, and the validity of the notice issued under the CCMC Act.
Ratio Decidendi: The court emphasized the importance of obtaining planning permission and the adverse impact of unauthorized construction on public access and easementary rights. The court also highlighted the significance of compliance with court orders.
Final Decision: The writ petition was dismissed, and the contempt petition was closed with an accepted apology and a cost imposed on the petitioner. The court allowed the Chennai Corporation to proceed with the court order to demolish the unauthorized construction.
D.HARIPARANTHAMAN, J.
1. One Mr.K.Dasarathan filed the Contempt Petition in Cont.P.No.513 of 2010 seeking to punish the respondents namely (1) Commissioner, Corporation of Chennai, (2) Inspector of Police, V-1, Villivakkam Police Station, Chennai (3) Mr.Kesavan, Villivakkam, Chennai and (4) Member Secretary, Chennai Metropolitan Development Authority (CMDA) Chennai for having committed Contempt of Court, for not obeying the order dated 10.09.2009 passed by a Division Bench of this Court in W.P.No.16618 of 2009.
2. Mr.Kesavan, who was arrayed as third respondent in the aforesaid Contempt Petition filed the Writ Petition in W.P.No.21514 of 2010 seeking to quash the noticedated 08.09.2010 of the Commissioner, Corporation of Chennai. The Commissioner, Corporation of Chennai issued the said notice dated 08.09.2010 under Section 220 read with 222 of the Chennai City Municipal Corporation Act, 1919 (shortly "CCMC Act") directing the writ petitioner namely Kesavan to remove the encroachment put up at Sivan Koil North Mada Street, Villivakkam, Chennai.
3. The petitioner in Cont.P.No.513 of 2010 namely Mr.K.Dasarathan has been impleaded as second respondent in W.P.No.21514 of 2010.
4. The facts leading to the filing of these cases are as follows:
(a) The petitioner in Cont.P.No.513 of 2010 namely Mr.K.Dasarathan filed a writ petition in W.P.No.16618 of 2009 seeking direction to the respondents therein (who are all the respondents in the present contempt petition) to demolish/remove the illegal and unauthorized superstructure built by the third respondent, namely Mr.Kesavan, on the road margin, in the western corner of Sivan Koil North Mada Street, Villivakkam, Chennai.
(b) Mr.K.Dasarathan purchased the property at No.33-A, Sivan Koil North Mada Street, Villivakkam, Chennai - 600 049 in the year 1990 and has been residing in the said address. According to him, Mr.Kesavan put up illegal and unauthorized construction under the guise of renovating Thandava Vinayagar Temple. Those constructions were put up adjacent to his house property. Hence, he objected new constructions, since it prevented access to his property and also affecting his other easementary rights.
(c) Mr.K.Dasarathan filed a suit in O.S.No.4369 of 1998 before the XIII Assistant Judge, City Civil Court, Chennai praying for injunction against the new/unauthorized constructions. In the suit, while Mr.Kesavan was the first defendant, the Commissioner, Chennai Corporation and the Member Secretary, CMDA were the second and third defendants. Though all the defendants filed written statements, the suit was decreed exparte in favour of Mr.K.Dasarathan, on 26.02.2004.
(d) Mr.K.Dasarathan filed a petition in E.P.No.1092 of 2005 before the X Assistant Judge, City Civil Court, Chennai and the same was contested by Mr.Kesavan. The said petition was dismissed stating that it is non-executable and that there was no proper identification and description of the property.
(e) Mr.K.Dasarathan filed a Civil Revision Petition in C.R.P.No.1382 of 2009 before this Court against the order in E.P.No.1092 of 2005. This Court, on 12.06.2009 granted interim injunction in his favour in M.P.No.1 of 2009 in C.R.P.No.1382 of 2009.
(f) The grievance of Mr.K.Dasarathan is that even after the interim order referred to above, Mr.Kesavan proceeded with new construction on the pavement of the road and he deliberately blocked the road margin. The construction was put up under the guise of renovating the Thandava Vinayagar temple. Mr.K.Dasarathan alleged that Mr.Kesavan already constructed a Mandapam like structure and raising two big rooms.
(g) In these circumstances, he filed the writ petition in W.P.No.16618 of 2009 praying for a direction to demolish/remove the illegal and unauthorized superstructure built by
Mr.Kesavan on the western corner of Sivan Koil North Mada Street, Villivakkam, Chennai.
(h) While admitting the writ petition in W.P.No.16618 of 2009, the First Bench of this Court, on 1
