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Madras High CourtCONT P/909/2022closed

Elachiana Gounder @ Elaiya Gounder, v. P.Ranganathan

2023-03-27Honourable Mr Justice N. Anand Venkatesh7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Cont.P.No.909 of 2022

1. Elachiana Gounder @ Elaiya Gounder

2. Ramasamy

3. Samiyathal

4. M.Moorthy

5. M.Saravanan

6. K.Jayaraj

7. Arunachalam

8. M.Palanisamy

9. Kannammal

10. V.Shanmugam

11. B.Sasikumar

12. P.Nagendran

13. Tamil Selvi

14. C.Pavathi

15. C.Thirumoorthy

16. C.Boopathy

17. R.Palanisamy

18. R.Subramani @ Subburayan

19. Nallammal

20. T.Palanisamy

21. Loganathan

22. P.Shanmugam

23. M.P.Chinnasamy

24. Samiyathal

25. Annakodi .....Petitioners Vs.

1. P.Ranganathan Revenue Divisional Officer, (Land Acquistion Officer) Brough Road, Erode - 638 001 Erode District.

2. The Managing Director, Tamil Nadu Housing Board, No.497, Anna Salai, Nandanam, Chennai 600 035 [Suo-motu impleaded as the 2nd respondent as per order of the Court dated 22.07.2022 made in Cont P No.909 of 2022] .... Respondents Contempt Petition filed under section 11 of the Contempt of Courts Act, to punish the respondent herein for the wilful disobedience of the order dated 09.12.2020 in WP No.6000 of

2020.

For Petitioner :

Mr.N.Manoharan For Respondents :

Mrs.V.Yamuna Devi Special Government Pleader for R1 Mr.M.K.Kabir, Standing counsel for R2.

ORDER

This Contempt Petition was filed on the ground that the order passed by this Court in WP No.6000 of 2020 dated 09.12.2020 was not been complied with.

2.

When the matter came up for hearing on 26.08.2022, this Court passed the following order :- Pursuant to the earlier orders passed by this Court on 05.08.2022, Thiru.Shunchonngam Jatak Chiru, I.A.S., Managing Director of the Tamil Nadu Housing Board was present at the time of hearing. 2.The learned Senior Counsel appearing on behalf of the Housing Board submitted that even if the compensation fixed has to be paid by the Housing Board, the Managing Director cannot take

a suo motu decision and the matter has to be necessarily placed before the Board before getting a sanction for the payment of the compensation redetermined by the Revenue Divisional Officer, Erode. Therefore, learned Senior Counsel sought for some time.

3.This contempt petition is posted for hearing on 23.09.2022 at 2.15 p.m. This Court expects that the matter will be placed before the Board and necessary sanction will be obtained by then.

4.The presence of the Managing Director, Tamil Nadu Housing Board is dispensed with for the present.

3.

When the matter came up for hearing on 06.01.2023, this Court passed the following order:- The learned Senior Counsel appearing on behalf of the respondent submitted that substantial amounts have been settled in favour of the petitioners and that certain discrepancies were pointed out in the calculation of the compensation and the same is being looked into and the compliance shall be

reported before the next hearing date.

2.Post this contempt petition under the caption "for reporting compliance" on 30.01.2023. 4.

The matter was thereafter posted for hearing on 03.02.2023 and the following order was passed :- The learned Senior Counsel appearing on behalf of the respondents submitted that the discrepancies that were pointed out by the petitioners has been taken into account and the balance compensation amount will be paid before the next date of hearing and hence sought for some time.

2.

Post this case under the same caption on 10.03.2022.

5.

Finally, the matter was came up for hearing on 10.03.2023 and the following order was passed :- Learned Senior counsel appearing on behalf of the respondents submitted that a sum of Rs.87,08,070/- has already been sanctioned and the relevant papers were also produced before this Court. Learned Senior Counsel seeks finally two weeks time to report compliance.

Post this case under the caption "For reporting compliance" on 27.03.2023 at 2.15 p.m.

6.

When the matter was taken up for hearing today, the learned Standing counsel appearing on behalf of the respondents submitted that the entire compensation amount has been paid as directed by this Court in the writ petition and to substantiate the same, the communication of the RDO, Erode, dated 21.03.2023 was also placed before this Court.

7.

The learned counsel for the petitioners submitted that the entire compensation amount has been paid as directed in the writ petition.

8.

In the light of the above development, the compliance is recorded and this contempt petition stands closed. 27.03.2023 Internet : Yes/No Index : Yes/No rka N.ANAND VENKATESH.,J rka

To P.Ranganathan Revenue Divisional Officer, (Land Acquistion Officer) Brough Road, Erode - 638 001 Erode District.

Cont.P.No.909 of 2022 27.03.2023