T.C.Subramanian v. Mr.N.Velayudham

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.02.2021

CORAM

THE HONOURABLE MR. JUSTICE S.S.SUNDAR Contempt Petition.No.1351 of 2013 T.C.Subramanian S/o.Chinnappan, No.51-E/213, New Karkana, 2nd Street, Tiruvannamalai .. Petitioner/Petitioner Vs.

N.Velayudham Tahsildar, Tiruvannamalai, Tiruvannamalai District, (Now working as Special Tahsildar SIPCOT, Cheyyar, Tiruvannamalai District) .. Respondent/1st Respondent Prayer:Contempt petitions filed under section 11 of the Contempt of Courts Act to punish the respondent herein for his willful disobedience and noncompliance of the order of this Court made in W.P.No.7122 of 2013 dated 22.03.2013 under the provisions of Contempt of Courts Act. For Petitioner : No appearance For Respondent : Mr.M.Elumalai Additional Government Pleader

ORDER

When the matter is called, there is no representation for the petitioner. 1/3

2.It is stated that the house site land was taken over from the petitioner for laying down the Railway line at Tiruvannamalai Town. Thereafter, the petitioner has filed a Writ Petition in W.P.No.7122 of 2013 before this Court, wherein, this Court issued directions to the respondent to consider the representation of the petitioner. 3.It is seen that the respondent has not acquired the land belonging to the petitioner.

4.In the reply affidavit/counter filed by the respondent, it is stated that a proposal has been forwarded to the District Collector for payment of compensation to the petitioner as per the Acts and Rules. 5.Having regard to the facts and circumstances of the case, this Court is unable to issue any direction to the respondent, since the respondent has no power to fix the compensation or to pay the compensation to the petitioner for the land acquired for railway line, without reference to any statute.

6.It is open to the petitioner to approach the Railway authorities for getting just compensation.

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Accordingly, the contempt petition is closed. No Costs. SD/- ASSISTANT REGISTRAR(COMM.CASES) tta //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/25/08/2021 To The Tahsildar, Tiruvannamalai, Tiruvannamalai District, (Now working as Special Tahsildar SIPCOT, Cheyyar, Tiruvannamalai District) 3/3