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Madras High CourtCONT P/342/2021closed

Pr Jagannathan v. Dharmendra Pratap Yadav Ias

2023-11-24Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2023

CORAM

THE HON'BLE MR. JUSTICE S. VAIDYANATHAN AND THE HON'BLE MR .JUSTICE SENTHILKUMAR RAMAMOORTHY CONTEMPT PETITION No. 342 of 2021 P.R. Jagannathan ..Petitioner Vs.

1.

Thiru. Dharmendra Pratap Yadav, IAS., Secretary, The Government of Tamil Nadu, Transport Department, Fort St. George, Chennai - 600 009.

2.

Thiru.K. Rajamani IAS., The District Collector, Coimbatore - 641 018.

1\4

3.

Thiru D. Ashokan, The District Revenue Officer, Airport Runway Land Acquisition, Coimbatore - 641 018.

..Respondents Prayer:

Petition to initiate contempt as against respondents 1 to 3 for not complying with the order dated 18.08.2020 in W.P. No. 2116 of 2017 under Section 12 of the Contempt of Courts Act, 1971 and the rules framed thereunder and under Section 193 of Indian Penal Code, 1860 & Section 195 of the Criminal Procedure Code, 1973 for committing perjury in filing false affidavit and suppressing the material fact by the 2nd respondent and punish the respondents 1 to 3 and pass appropriate directions to the respondents to ensure immediate payment of compensation amount to the petitioners along with 9% rate of interest from 3(2) notice. For Petitioner ::

Mr. G. Saravanabhavan For Respondents ::

Mr.S. John J. Raja Singh Addl. Govt. Pleader 2\4

O R D E R

(Made by S. Vaidyanathan,J.) Alleging non-compliance of the order dated 18.08.2020 in W.P.No. 2116 of 2017, the present contempt petition has been filed. 2.

Admittedly, the petitioner, Mr.PR. Jagannathan, who is present before this Court pursuant to our order dated 02.12.2022 is the 1st respondent before the Hon'ble Supreme Court. The Hon'ble Supreme Court has given finality to the issue pertaining to compensation payable to the land owners except respondents 9 and 10 before it. There was a statement made before the Hon'ble Supreme Court, which could be seen from paragraph No.2 of the order dated 12.01.2022 of the Apex Court in SLC No. 12770 - 12783 of 2020 that all the land owners had agreed to receive compensation at Rs.900/- per sq.ft and there is a dispute insofar as respondents 9 and 10 before the Hon'ble Supreme Court are concerned as to whether they would be entitled to compensation @ Rs.900/- per sq.ft or 3\4

Rs.1500/- per sq.ft. The Apex Court has kept the interest issue open, which S. VAIDYANATHAN,J.

AND SENTHILKUMAR RAMAMOORTHY,J.

nv can be decided only in the SLP. Since there is a concession made, whether intentionally or inadvertently, the issue has attained finality. Hence, we are of the view that the contempt petition needs to be closed and it is accordingly closed. Though there was a mention in the earlier order with regard to imposition of costs on the petitioner, we refrain from doing so. (S.V.N.J.) (S.K.R.J.) nv 24.11.2023 4\4