C.G.Seshadrinathan v. Mr.Hanish Chaaptro

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.03.2021

CORAM

THE HONOURABLE MR. JUSTICE S.S.SUNDAR Contempt Petition.No.842 of 2016 C.G.Seshadrinathan S/o.C.S.Gangadharan, 216/18, Rajaji Salai, Senthil Nagar, Chennai - 600 062 .. Petitioner Vs.

1.Hanish Chaaptro, The District Collector, Chengleput District, Kancheepuram.

2.Chandrasekar, The Special Tahsildar(LA), Inner Ring Road Scheme, HRS Complex, Guindy, Chennai-600 025.

.. Respondents Prayer:Contempt petitions filed under section 11 of the Contempt of Courts Act to punish the respondents herein for failing to comply with the order of this Court in W.P.No.26789 of 2004 dated 09.12.2010. For Petitioner : Mr.J.Ramakrishnan For Respondents : Mr.M.Elumalai Additional Government Pleader

ORDER

The Petitioner in the contempt petition filed a writ petition in W.P.No.26789/2004 for issuing a Writ of Mandamus, directing the 1/4

respondents to pay the compensation for the land acquired by them in Plot No.12 situated in Sashi Nagar (West) lay out in Villlage No.137, Velacheri, Saidapet Taluk, Chengalput District measuring an extent of 1 ground and 1637 Sq.Ft.

2.This Court by order dated 09.12.2010 disposed of the writ petition in W.P.No.26789/2004, in the following lines : ''4.In view of the limited prayer now made by the petitioner, this Court, without going into the merits of the claim of the petitioner's representations dated 12.10.1981 and 05.08.2003, is constrained to direct the first respondent to consider the said representations by affording opportunity to the petitioner and other necessary parties and thereafter to pass orders on merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that the petitioner shall furnish copies of the representations dated 12.10.1981 and 05.08.2003 to the first respondent within ten days from the date of receipt of a copy of this order, including the copies of relevant documents.''

3.This contempt petition is filed alleging wilful disobedience of the order passed in W.P.No.26789/2004 dated 09.12.2010. 4.The learned Additional Government Pleader appearing for the respondents has filed a counter affidavit wherein it is stated that the 2/4

petitioner is not entitled to get the compensation. The matter pertains to acquisition proceedings, which was initiated long back and an award was also passed for the acquired land on 30.11.1974. The possession of land was also handed over to the highways department on 07.05.1976. The entire process of acquisition was completed in the year 1976 itself. It is also stated that the petitioner purchased the land only in the year 1981. In such circumstances, it is stated that the petitioner's representation for compensation cannot be considered by the respondents. It is stated in the counter affidavit that a detailed reply was given to the petitioner on 04.01.2017.

5.Having regard to the facts narrated in the counter affidavit and the submissions of the learned Additional Government Pleader appearing for the respondent reporting compliance, this Court is of the view that there is no disobedience. Hence, this contempt petition is dismissed. 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.

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GS/13/07/2021 To

1. The District Collector, Chengleput District, Kancheepuram.

2. The Special Tahsildar(LA), Inner Ring Road Scheme, HRS Complex, Guindy, Chennai-600 025.

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