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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA

Contempt Petition No.2146 of 2018

V.G.Selvaraja

..

Petitioner

-vs-

1. Thiru P.Manohar

The Chief Electrical Inspector to Government

Thiru-Vi-Ka Industrial Estate

Guindy

Chennai 600 032

2. Thiru C.Karthikeyan

The Electrical Inspector (South Division)

Thiru-Vi-Ka Industrial Estate

Guindy

Chennai 600 032

..

Respondents

Petition under Section 11 of the Contempt of Courts

Act, 1971 praying to punish the respondents for wilful

disobedience of the order of this Court dated 18.07.2018

made in W.P.No.16454 of 2018.

For Petitioner

::

Mr.S.Kamadevan

For Respondents ::

Mrs.P.Rajalakshmi

Additional Government Pleader

for R1 & 2

Mr.R.Natarajan, Administrator

of Chitra Avenue Flat Owners

Welfare Association

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ORDER

Learned counsel for the petitioner submitted that the

order passed by this Court on 18.7.2018 in the writ

petition directing the respondents 1 & 2 to consider the

application for grant of licence to operate the lifts in

the apartment complex in question from First to Fourth

Floors for which planning permission was already granted,

within a period of three weeks, has been considered by the

Chief Electrical Inspector to Government, Thiru-Vi-Ka

Industrial Estate, Guindy, Chennai stating that the

practice of issuing licence for operation of lift for the

approved floors of the building having unapproved floors is

not being followed by the respondent-Department, since

unapproved floors of the building are being viewed

seriously by the Court of law. The said communication

addressed to the Administrator of Chitra Avenue Flat

Owners Welfare Association shows that the CMDA also has

given approval for Ground + 4 upper floors only and the

Form-A application has been kept pending for want of some

documents. In spite of the letter No.20180/D1/2018 dated

7.8.2018 issued by the Chief Electrical Inspector to

Government, Thiru-Vi-Ka Industrial Estate, Guindy to the

Administrator, the lift is being unauthorisedly used by

the residents and the Administrator also is not taking any

steps. Afraid of further casualties that could occur, the

petitioner has been approaching the Administrator to stop

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the usage of lift in the apartment complex. But the said

request of the petitioner has not been considered.

2. However, Mr.R.Natarajan, learned Administrator of

Chitra Avenue Flat Owners Welfare Association submitted

that an application has been submitted to the Chief

Electrical Inspector to Government, Thiru-Vi-Ka Industrial

Estate, Guindy and to the Electrical Inspector (South

Division), Thiru-Vi-Industrial Estate enclosing the copy of

the approved building plan issued by the CMDA, as directed

by the Electrical Inspector, to grant licence for operating

the lift from Ground Floor to Fourth Floor. But the Chief

Electrical Inspector to Government, has rejected the said

request in his letter dated 7.8.2018 citing a reason that

the CMDA approval was obtained only for Ground + 4 upper

floors only, therefore, the practice of issuing licence for

operation of lift for the unapproved floors cannot be

entertained by the Department.

3. Mrs.P.Rajalakshmi, learned Additional Government

Pleader for the respondents submitted that if the residents

of Chitra Avenue Flat Owners Welfare Association are

prepared to meet out the cost of plant and machinery for

operation of the lift from Ground Floor to Fourth Floor,

the respondents 1 & 2 will replace the present mechanism

which is taking the lift to even the sixth/seventh upper

floor(s).

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4. The learned Administrator also, in reply, submitted

that he