D.Manivannan v. Anushal Mishra

ORDER (Order of the Court was made by P.Velmurugan J.) While closing the contempt petition vide order 20.12.2021, the learned single Judge passed the following order:- "7. In the considered view of this Court, this Court had only passed the Interim Order to maintain status quo as on 27.10.2021. A specific stand has been taken by CMDA to the effect that the shop was locked and sealed as early as on 21.10.2021. Photographs have also been filed evidencing the locking and sealing of the shop. Therefore, according to CMDA, the status as on 27.10.2021 was that the shop had already been locked and sealed and the petitioner was not in possession of the shop. It must also be borne in mind that the CMDA has taken a very specific stand that the petitioner does not possess a license to occupy the shop. If the petitioner had taken advantage of the interim order passed by this Court and forcibly entered into the shop thereafter, the CMDA cannot express helplessness because of the interim order passed by this Court. The interim order passed by this Court cannot be a premium for committing illegality.

¶8In view of the above discussion, this Court does not find any contumacious conduct on the part of the CMDA and the petitioner has to necessarily agitate his rights only in the pending writ petition. In the result, the Contempt Petition is closed."

¶2When the remedy has already been made available to the appellant to agitate his rights before the writ Court in the pending writ petition, this letters patent appeal is dismissed finding no infirmity in the order passed by the learned single Judge. Consequently, the connected civil miscellaneous petition is also dismissed. (P.VELMURUGAN J.) (M.JOTHIRAMAN J.) 30-01-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ss To

¶1Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No. 1, Gandhi Irwin Road, Egmore, Chennai - 600008.

¶2Chief Executive Officer (KWMC), Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No. 1, Gandhi Irwin Road, Egmore, Chennai - 600008.

¶3Chief Administrative Officer, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No. 1, Gandhi Irwin Road, Egmore, Chennai - 8. P.VELMURUGAN J. AND M.JOTHIRAMAN J. ss and CMP No.6383 of 2022 30-01-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-01-2026 CORAM THE HONOURABLE MR JUSTICE P. VELMURUGAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN LPA No.4 of 2022 AND CMP No.6383 of 2022 D.Manivannan No.TD-83, Anna Fruit Market, Koyambedu Whole Sale Market Complex, Chennai - 600092. Appellant Vs 1. Mr.Anushal Mishra Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road, Egmore Chennai - 600008. 2. Ms.M.Lakshmi Chief Executive Officer (KWMC) Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road, Egmore Chennai – 600008. 3. Ms.S.Shanthi Chief Administrative Officer Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road, Egmore Chennai - 8. Respondents Letters Patent Appeal filed under Clause 15 of the Letters Patent, to set aside the order dated 20.12.2021 made in Contempt Petition No.1498 of 2021. For Appellant: Mr.A.Karthik Lakshmanan For Respondents: Mr.C.Manoharan Standing Counsel for R1 & R2 Mr.J.Ravindran Additional Advocate General assisted by Mrs.P.Veena Suresh Standing Counsel for R3