K.Nalene Prasad v. S.Janak Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.10.2021

CORAM

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Contempt Petition No.620 of 2021 in W.P.No.18553 of 2019 K.Nalene Prasad, Old No.1/84, New No.62, Poonamalle High Road, Nerkundram, Chennai 600 107 ... Petitioner ..vs.

S.Janak Kumar, Project Director, National Highway Authority of India, P.I.U. Thiruvallure, Sri Tower, 3rd Floor, DP 34(SP) Industrial Estate, Guindy, Chennai 600 032.

... Respondent Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts to punish the respondent for committing contempt of Court by disobeying the order of this Court dated 04.09.2019 in W.P.No.18553 of 2019. For Petitioner : Mr.T.Karikalan For Respondents : Mr.Su.Srinivasan for NHAI Mr.P.Balathandayutham Government Advocate for R4(Writ Petition) 1/3

O R D E R

Pursuant to the notice issued to the contemnor, the District Collector/Arbitrator Chennai through the Government Advocate has submitted that enquiry was conducted pursuant to the order of this Court dated 04.09.2019 and during the enquiry, it has been come to light that the petitioner herein has preferred an appeal before the Arbitrator, Tiruvallur against the award passed by the competent authority and the same was dismissed by the Arbitrator/District Collector, Tiruvallur. Aggrieved by the said order, the petitioner has preferred Revision Petition before the learned Principal District Judge, Tiruvallur in Arbitration O.P.No.163 of 2010 and the said Arbitration O.P. is posted for hearing on 29.10.2021.

2. In the light of the above fact, which has been revealed during the enquiry conducted by the District Collector, Chennai, this Court finds that nothing survives in the contempt petition. 3.The District Collector, Chennai, who has conducted enquiry, shall pass a speaking order on the enquiry conducted within a period of three weeks. It is open to the petitioner herein to agitate before the Appellate Authority regarding the additional compensation or solatium based on the Supreme Court direction and the same may be considered on merits by the Appellate Authority.

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4.With the above observation, the contempt petition is closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) vri //Certified to be true copy// Dated at Madras this the day of 2022. 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/25/01/2022 To The Project Director, National Highway Authority of India, P.I.U. Thiruvallure, Sri Tower, 3rd Floor, DP 34(SP) Industrial Estate, Guindy, Chennai 600 032.

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