M.S. Narasimha Iyengar vs Christopher Raj

This Contempt Case has been filed by the petitioner for wilful and deliberate disobedience of the order of this Court dt.09.02.2022 in W.P.No.7058 of 2022.

It is submitted by the petitioner that though the direction of this Court has been followed by the official respondent by passing a speaking order on 10.05.2022, no further action has been taken by the official respondent in spite of noting the deviations. According to the learned counsel for the petitioner, this amounts to wilful disobedience of the order of this Court.

The unofficial respondent represented by Ms. G. Poornasri, learned counsel, submits that after the speaking order had been passed by the official respondent, he approached this Court in W.P.No.27233 of 2022 and vide orders dt.29.06.2022, this Court has directed the official respondents not to take any coercive steps pursuant to the order dt.10.05.2022. A copy of the said order is filed before this Court.

The official respondent has also filed counter affidavit stating that in compliance with the orders of this Court dt.09.02.2022, the respondent Corporation has issued a hearing notice dt.25.02.2022 and after hearing both the parties, has passed a speaking order dt.10.05.2022 stating that the respondent Corporation will take necessary steps for removal of the setback deviation by following the due process of law. It is submitted that thereafter, the respondent Corporation has also issued a show-cause notice dt.07.05.2022 to stop the construction work and accordingly, the unofficial respondent No.2 has stopped the construction work and the stage of the construction is in the same stage as was before. Copies of the photographs showing the stage of construction are also enclosed along with the counter affidavit and accordingly, the official respondent submitted that there is no violation by the unofficial respondent.

After hearing all the parties, it is noticed that the official respondent has taken action and issued notice to both parties and thereafter, passed a speaking order dt.10.05.2022. Thereafter, it appears that the work of the construction has been stopped by the unofficial respondent. However, the unofficial respondent seems to have approached this Court in W.P.No.27233 of 2022 and has obtained interim order of this Court not to take any coercive steps pursuant to the order dt.10.05.2022 issued by the respondent Corporation.

In this view of the matter, this Court does not find any wilful disobedience committed by the respondents.

Therefore, the Contempt Case is closed.

Pending miscellaneous petitions, if any, in this Contempt Case shall also stand closed.