S.P.Anthonisamy v. Thiru.Prasant M.Wadnere, I.A.S

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:22.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Contempt Petition No.59 of 2018 S.P.Anthonisamy ... Petitioner vs.

1. Thiru.Prasant M.Wadnere,IA.S., District Collector, Cuddalore.

2. Tmt.Mangalam, The Competent Authority & District Revenue officer, (Land acquisition), National Highways, No.64, Seetharaman nagar, 3rd Cross Street, Pudupalayam, Cuddalore.

... Respondents Contempt Petition filed under Section 11 of the contempt of Courts Act, 1971 to punish the respondents for their wilful disobedience of the order of this Court dated 09.11.2017 in W.P.No.26670 of 2017.

For Petitioner : Mr.B.Raviraja For Respondents : Mr.B.Kavitha, Government Advocate

O R D E R

Learned counsel appearing for the respondents submitted that there is no contempt in this matter as the award has

already been passed on 07.07.2017 and 28.09.2017. Therefore, she submitted that the Contempt Petition may be closed by recording the above said submission.

2. Mr.B.Raviraja, learned counsel appearing for the petitioner submitted that the very passing of the awards by dating it as 07.07.2017 and 28.09.2017 is only to escape the clutches of contempt proceedings as the learned Government Advocate was in fact has not informed this Court at the time of hearing and when the order was passed in the writ petition by this Court on 09.11.2017 itself. Therefore, he submitted that the present awards produced before this Court are fabricated one.

3. This Court, while hearing the Contempt Petition is not in a position to go into the above allegations made by the learned counsel for the petitioner as it is open to him to raise all these contentions in an appropriate proceedings if the petitioner is aggrieved against these awards. Since the awards were already passed, this Contempt Petition is closed. If the petitioner wants to challenge the awards before the appropriate forum, he is at liberty to do so and if any such challenge is made, the period of limitation cannot be put against him while considering the above challenge by taking note of the pendency of the writ

petition and the present Contempt Petition before this Court. No costs.

SD/- ASSISTANT REGISTRAR(COM.CASES) vsi //Certified to be true copy// Dated at Madras this the day of 2017. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

KR/CO/30/01/2018 To

1. The District Collector, Cuddalore.

2. The Competent Authority & District Revenue officer, (Land acquisition), National Highways, No.64, Seetharaman Nagar, 3rd Cross Street, Pudupalayam, Cuddalore.

one cc to the Mr.B.Raviraja,SR.No.1270.

one cc to the Government Pleader,SR.No.1397.