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Madras High CourtCONT P/879/2019closed

M.Swaminathan(Deceased) v. Thiru K.Gnanadesikan I.A.S

2021-09-09Honourable Mr Justice T.Raja,Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICIATURE AT MADRAS

DATED : 09.09.2021 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE P.VELMURUGAN 1.M.Swaminathan(deceased) 2.S.Nirmala 3.S.Dhasaradhan 4.M.Navaneetham 5.S.Rohini 6.S.Pushparani 7.S.Sugumar ... Petitioners (Petitioners 2 to 7 are brought on record as legal heirs of the deceased sole petitioner vide C.M.P. No.21120 of 2017 dated 04.12.2017) All are residing at No.135, Chennakuppam Mathur Village, Srierumbudur Taluk, Kancheepuram District versus 1.K.Gnanadesikan, The Secretary to Government, Industries Department, State Secretariat, Fort St. George, Chennai 600 009.

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2.P.Ponnaiah, The District Collector, Office of the District Collector at Kancheepuram, 3.N.Gunasekaran, The Special District Revenue Officer, No.39-A, CST School Lane, Nehru Street, Sriperumbudur 602 105, 4.K.Srinivasan, The Chairman cum Managing Director, SIPCOT, No.19-A, Dr.Rukumani Lakshmipathi Road, Egmore, Chennai 600 008, Tamilnadu.

5.V.Kalaiarasi, The Special Officer cum Director of Rural Development, Tamil Nadu Bhoodan Board, Panagal Maligai Building, Saidapet, Chennai-15.

6.A.Kaushalya, The Special Tahsildar (L.A), Oragadam SIPCOT Expansion Planning Unit, Sriperumbudur 602 105, Kancheepuram District, Tamilnadu.

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7.A.Kaushalya, The Tahsildar, No.39-A CSI School Lane, Nehru Street, Sriperumbudur 602 105, ... Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents for contempt of Court for having violated deliberately and wantonly the order of this Court dated 14.12.2017, made in W.A. No.154 of 2016.

For Petitioners :

Mr.R.Venkatesan For Respondents :

Mr.V.Manoharan, Government Advocate for R1, 2, 3, 5 to 7 Mr.Sudharshana Sundar for R4

ORDER

(Judgment of this Court was delivered by T.RAJA,J.) Learned counsel appearing for the petitioners, drawing our notice to paragraphs 18 and 19 of the judgment passed by this Court in W.A. Nos.153 and 154 of 2016, submitted that the direction to pay compensation to the petitioners has not been complied with. 2.In reply, Mr.V.Manoharan, learned Government Advocate appearing for respondents 1, 2, 3, 5 to 7, placing on record a letter dated 3/6

20.08.2021, addressed by the Special Tahsildar (L.A.), SIPCOT, Oragadam Extension Project, Unit 1, Tiruperumbudur, submitted that a sum of Rs.4,86,08,000/- has already been deposited in the Sub Court, Kancheepuram, which is a reference Court, since the petitioners are not able to identify the claims.

3.In view of the above submission made by the learned Government Advocate appearing for respondents 1, 2, 3, 5 to 7, this Court is inclined to close this Contempt Petition by giving liberty to petitioners 2 to 7/legal heirs of the deceased M.Swaminathan to approach the Sub Court, Kancheepuram with all relevant documents. 4.Accordingly, this Contempt Petition stands closed granting liberty to petitioners 2 to 7/legal heirs of the deceased M.Swaminathan to approach the Sub Court, Kancheepuram with all the relevant documents, including Adhaar Card, Ration Card etc.

5.Needless to mention that petitioners 2 to 7/legal heirs of the deceased M.Swaminathan, by moving appropriate application, can work out their remedy before the Sub Court, Kancheepuram, which, on receiving such application, shall consider and dispose of the same, on 4/6

merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

SD/- ASSISTANT REGISTRAR(COMM.CASES) vga //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. Gs/28/09/2021 To

1. The Secretary to Government, Industries Department, State Secretariat, Fort St. George, Chennai 600 009.

2.The District Collector, Office of the District Collector at Kancheepuram, Kancheepuram District, Tamilnadu.

3. The Special District Revenue Officer, No.39-A, CST School Lane, Nehru Street, Sriperumbudur 602 105, 5/6

4 The Chairman cum Managing Director, SIPCOT, No.19-A, Dr.Rukumani Lakshmipathi Road, Egmore, Chennai 600 008, Tamilnadu.

5. The Special Officer cum Director of Rural Development, Tamil Nadu Bhoodan Board, Panagal Maligai Building, Saidapet, Chennai-15.

6. The Special Tahsildar (L.A), Oragadam SIPCOT Expansion Planning Unit, Sriperumbudur 602 105, Kancheepuram District, Tamilnadu.

7. The Tahsildar, No.39-A CSI School Lane, Nehru Street, Sriperumbudur 602 105, Copy to:

The Sub Court, Kancheepuram 6/6