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2026 Supreme(Online)(Mad) 32830

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
Gandhimathi Selvan – Appellant
Versus
R.Alagumeena, The District Collector, Kanyakumari District, Nagercoil. – Respondent
Cont.P(MD)No.3278 of 2025



Advocates:
For Petitioners: Mr.M.Subbiah
For Respondents: Mr.D.Sasi Kumar (R1 to R4), Ms.S.Vijaya Shanthi (R5)

Pending appeal restrains construction; contempt closed pending disposal.

Headnote:Under Section 11 of the Contempt of Courts Act, 1971, petitioners alleged wilful disobedience of the order in W.P.(MD)No.12652 of 2025 dated 23.07.2025 by respondents 1-4. Court noted fifth respondent's appeal under Section 79 of the Tamil Nadu Town and Country Planning Act, 1971 against regularization rejection, which was admitted with queries. Court directed disposal of appeal on merits expeditiously. Issue framed as compliance with prior writ order amid pending appeal. Ratio: Pending appeal warrants restraint on further construction until disposal; authorities to act against violations. Contempt Petition closed.

Table of Content
1. alleged non-compliance; appeal admitted against regularization rejection. (Para 1 , 2)
2. direct expeditious appeal disposal; no construction till then. (Para 3)
3. contempt petition closed per directions. (Para 4)

Alleging non-compliance with the order passed by this Court in W.P.(MD)No.12652 of 2025 dated 23.07.2025, the present Contempt Petition has been filed.

2.It is now submitted that, as against the order rejecting the regularization application, the fifth respondent has preferred an appeal before the Government under Section 79 of the Tamil Nadu Town and Country Planning Act, 1971, and that the said appeal has been admitted, with certain queries having been raised by the Appellate Authority.

3.In view of the above, the Appellate Authority is directed to dispose of the appeal on merits and in accordance with law, as expeditiously as possible. Till such time the appeal is disposed of and the matter is regularized, there shall be no further construction by the fifth respondent. In the event of any further construction, the authorities concerned shall take appropriate action to remove the same in accordance with law.

4.In view of the above directions, this Contempt Petition is closed.

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