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Madras High CourtCONT P/1545/2019closed

P.Thandvaraya Padayachi v. A.Boomi

2019-10-03Honourable Mr Justice T.Raja4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA P.Thandavaraya Padayachi ..

Petitioner -vs1. Mr.A.Boomi The Special District Revenue Officer (Land Acquisition) National Highways No.68 No.3-B/8, Ram Nagar Swarnapuri 2nd Gate Salem 636 004

2. Mrs.R.Brinda Devi The Special District Revenue Officer (Land Acquisition) National Highways Office at Villupuram Collector Office Campus Villupuram

3. Mr.Kulanthaivel The Special District Revenue Officer (Land Acquisition) Chennai-Salem Greenways Road Scheme National Highway No.179A Salem District Collector Office Campus Salem 636 002

4. The Chairman No.5, 6th Sector, Dwarage New Delhi 110 075

5. The Project Director No.221-A/3, Narijothipatti Salem-4 1/4

6. The Divisional Officer No.32, Sri Kasthuri Tower 3rd Floor, Industrial Estate Guindy, Chennai 600 032 (R4 to R6 impleaded vide order of Court dt. 30.9.2019 in Sub.Apln.

No.472 of 2019 in Cont.P.No.1545 of 2019) ..

Respondents Petition under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for wilful disobedience of the order of this Court dated 23.4.2018 made in W.P.No.10760 of 2017.

For Petitioner ::

Mr.M.Ravibharathi For Respondents ::

Mr.M.Elumalai Government Advocate for R1 to 3 Mr.Su.Srinivasan Standing Counsel for R4 to 6

ORDER

Mr.Su.Srinivasan, learned standing counsel for the respondents 4 to 6, replying to the grievance made by the learned counsel for the petitioner that till date the respondents have not come forward to pay the interest along with the compensation amount, stated that from the date of passing of the award, the petitioner has not approached the Project Director, National Highways Authority with all the requisite documents to prove his ownership and title, although the Project Director is liable to pay interest from the date of taking possession of the land on the amount of compensation. It is also brought to my notice 2/4

that there is a civil suit pending with regard to the title and ownership of the land in question.

2. In view thereof, it is directed that after the disposal of the pending suit, the person whosoever gets the title or ownership from the competent Court shall approach the Project Director, National Highways Authority along with the requisite documents including the order passed by the Court below and thereafter, the Project Director shall consider the same for payment of interest from the date of taking possession of the land as per law. With this direction, the contempt petition stands closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) ss //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

Smi/18/10/2019 3/4

To

1. The Special District Revenue Officer (Land Acquisition) National Highways No.68 No.3-B/8, Ram Nagar Swarnapuri 2nd Gate Salem 636 004

2. The Special District Revenue Officer (Land Acquisition) National Highways Office at Villupuram Collector Office Campus Villupuram

3. The Special District Revenue Officer (Land Acquisition) Chennai-Salem Greenways Road Scheme National Highway No.179A Salem District Collector Office Campus Salem 636 002

4. The Chairman No.5, 6th Sector, Dwarage New Delhi 110 075

5. The Project Director No.221-A/3, Narijothipatti Salem-4

6. The Divisional Officer No.32, Sri Kasthuri Tower 3rd Floor, Industrial Estate Guindy, Chennai 600 032 4/4