Lakshmikantahn v. K.Vivekanandan Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.03.2018 Coram: The Honourable Mr. Justice N. SESHASAYEE Cont.P.No.1220 of 2015 Lakshmikanthan

...Petitioner

Versus

1. Mr.K.Vivekanandan, I.A.S., The District Collector, Dharmapuri District, Dharmapuri.

2. Mr.Ma.Narayanan, The Revenue Divisional Officer, (Land Acquisition Officer), Dharmapuri - 636 701.

3. S.Balasubramanian, B.E., The Executive Engineer,'

Public Works Department, Dharmapuri.

...Respondents

This Contempt Petition is filed under Sections 11 & 12 of the Contempt of Courts Act seeking to punish the respondents for disobeying the order passed by this Hon'ble Court in W.P.No.11546 of 2014 dated 23.04.2014 and pass suitable orders.

For Petitioner :

Mr.V.R.Annagandhi For Respondents :

Mr.C.Manishankar, Additional Advocate General assisted by Mr.M.Elumalai, Government Advocate

O R D E R

The petitioner has moved a Writ Petition to direct the Government to pay the compensation as determined by the Reference Court in L.A.O.P.No.180 of 1996 which was subsequently confirmed in the First Appeal preferred by the Government as Execution Petition before the concerned Reference Court. The Writ Petition was disposed of, confirming the order of the Reference Court. Since the direction of this Court issued in W.P.No.11546 of 2014 is not complied with, the petitioner has come forward with this Contempt Petition.

3. Mr.C.Manishankar, the learned Additional Advocate General representing the respondent submitted that the Government has passed G.O.43 Public Works Department (S2) dated 15.02.2018 and the amounts would be disbursed as per the terms thereunder. He also submitted on instructions that the amount would be deposited before the Executing Court in six weeks time.

4. The learned counsel for the petitioner would now submit that the amount as has now been sanctioned under the aforesaid G.O is not representing the actual amount payable under the Execution Petition, inasmuch as, Government has shown a present urgency to address the

direction of this Court, this Court considers that passing of the G.O, referred to above, is a substantial compliance of its direction for addressing the Contempt Petition alleged against it. However, if there are any difference in the matter of quantifying the actual sum payable as per the decree of the Reference Court, the same can be worked out before the Execution Court where the Execution Petition is pending.

6. Accordingly, this Contempt Petition is closed. SD/ ASSISTANT REGISTRAR(Commr.Cases) mrr //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

Vsc/CO/29/05/2018.