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Madras High CourtCONT P/711/2019closed

A.S.Abdul Shukoor v. Mr.Rajesh Lakhoni,I.A.S

2019-08-29Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M. Nirmal Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 29..08..2019

CORAM

The Honourable Mr Justice M.M.SUNDRESH and The Honourable Mr Justice M.NIRMAL KUMAR Contempt Petition Nos.711 to 717 of 2019 1.A.S.Abdul Shukoor 2.A.S.Abdul Gaffar 3.A.S.Mustaq Mohammed ... Petitioners in Cont.P.No.711 of 2019 1.S.Renganathan 2.P.Pathima Arokiasamy ... Petitioners in Cont.P.No.712 of 2019 1.D.M.Jeffries 2.D.Selvanathan 3.V.D.Varadarajan 4.S.Palani 5.R.Chinnasamy 6.K.Karunakaran 7.Shanaz Begum 8.P.Adarsh 9.B.P.Dave 10.Harish Dave 11.R.Revathi ... Petitioners in Cont.P.No.713 of 2019 Girija ... Petitioner in Cont.P.No.714 of 2019 1.V.K.Punnia Kotti 2.K.Swaminathan 3.S.Veeralakshmi

4.A.Sampath Kumar ... Petitioners in Cont.P.No.715 of 2019 1.I.Jagadish Rao 2.V.Neelavathi ... Petitioners in Cont.P.No.716 of 2019 1.K.Selvaraj 2.M.Raja Manickam 3.Mrs.Stella James 4.Shakeela Begum 5.Kala Bharathi 6.V.Murthy 7.Kalida Nazeem ... Petitioner in Cont.P.No.717 of 2019 -Versus1.Mr.Rajesh Lakhoni, I.A.S., Member Secretary, Chennai Metropolitan Development Authority, No.8, Gandhi Irwin Road, Egmore, Chennai 600 008.

2.Tmt.Mageswari Ravikumar, I.A.S., District Collector, Thiruvallore District, Thiruvallore 602 001.

... Respondents in all Contempt Petitions Prayer in Cont.P.No.711 of 2019:

Petition filed under Section 11 of The Contempt Courts Act,1971, praying to punish the respondents for their willful disobedience of the order of this court dated 27.04.2017 in W.A.No.36 of 2016. Prayer in Cont.P.No.712 of 2019:

Petition filed under Section 11 of The Contempt Courts Act,1971, praying to punish the respondents for their willful disobedience of the order of this court dated 27.04.2017 in W.A.No.37 of 2016.

Prayer in Cont.P.No.713 of 2019:

Petition filed under Section 11 of The Contempt Courts Act,1971, praying to punish the respondents for their willful disobedience of the order of this court dated 27.04.2017 in W.A.No.38 of 2016. Prayer in Cont.P.No.714 of 2019:

Petition filed under Section 11 of The Contempt Courts Act,1971, praying to punish the respondents for their willful disobedience of the order of this court dated 27.04.2017 in W.A.No.39 of 2016. Prayer in Cont.P.No.715 of 2019:

Petition filed under Section 11 of The Contempt Courts Act,1971, praying to punish the respondents for their willful disobedience of the order of this court dated 27.04.2017 in W.A.No.40 of 2016. Prayer in Cont.P.No.716 of 2019:

Petition filed under Section 11 of The Contempt Courts Act,1971, praying to punish the respondents for their willful disobedience of the order of this court dated 27.04.2017 in W.A.No.41 of 2016. Prayer in Cont.P.No.717 of 2019:

Petition filed under Section 11 of The Contempt Courts Act,1971, praying to punish the respondents for their willful disobedience of the order of this court dated 27.04.2017 in W.A.No.249 of 2016. For Petitioner(s) : Mrs.Maheswari R.

for petitioner(s) in all Contempt Petitions For Respondent(s) : Mr.Karthik Mukundan for R2 in all Contempt Petitions COMMON ORDER [Order of the court was made by Justice M.M.SUNDRESH] We do not find any willful disobedience of the order of this court. The grievance of the petitioners appears to be with respect to non compliance of clause (ii) to (iv) of the

judgement dated 27.04.2017 made in W.A.Nos.36 to 42 and 249 of 2016. This has got nothing to do with the respondents.

2. The learned counsel for the respondents submitted that the petitioners are always at liberty to withdraw the amount deposited under Section 30 of The Land Acquisition Act, 1894. The direction was also only to the petitioners to withdraw the amount.

3. In view of the above, we do not find any willful disobedience involved. However, considering the grievance expressed by the learned counsel for the petitioners, the reference court is directed to pass appropriate orders on the payment out petitions filed by the petitioners in L.A.O.P.Nos.64, 65, 66, 70, 72, 73, 74, 75, 77, 81, 82, 83, 86, 92, 95, 99, 107, 108, 109, 114, 115, 116, 118, 119, 120, 121, 122, 123, 124, 138, 145, 148, 160 and 162 of 2015 seeking permission to withdraw the compensation amount lying before the reference court within a period of four weeks from the date of receipt of a copy of this order. Further, considering the plight of the petitioners, the reference court is directed to dispose of the references under Section 18 of the Land Acquisition Act within a period of six months from the date of receipt of a copy of this order.

In the result, The Contempt Petitions are closed with the above directions.

SD/- ASSISTANT REGISTRAR(COMM.CASES) kmk //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format. Smi/17/09/2019 To

1. The Subordinate Judge, Poonamallee.

2. Principal District Munsif, Poonamallee.

3. Member Secretary, Chennai Metropolitan Development Authority, No.8, Gandhi Irwin Road, Egmore, Chennai 600 008.

2. District Collector, Thiruvallore District, Thiruvallore 602 001.