K.S.Adhikesavlu v. Mrs. Kalaiselvi Mohan,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Contempt Petition No.2412 of 2024 in W.P.No.17691 of 2015 K.S.Adhikesavlu ...

Petitioner Vs.

1. Mrs. Kalaiselvi Mohan, The District Collector, Kancheepuram District, Kancheepuram town, Kancheepuram District.

2. Mr. Saravanan, The Tahsildar, Cheyyur Taluk, Kanchipuram District.

3. Mr. Sivasakthi, The Deputy Supeerintendent of Police, Madhurandhagam Range, Kanchipuram District.

4. Mr. Arunraj, The District Collector, Chengalpet District, Chengalpet Town and District.

...

Respondents Prayer : Petitions filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for willfully disobeying the order passed in W.P.No. 17691 of 2015, dated 12.09.2023.

For the Petitioner :

Mr.M.Shreedhar For the Respondents :

Mr.S.J.Mohamed Sathik, Government Advocate (for R1 to R4)

ORDER

The contempt petition on hand has been filed praying to punish the respondents for willfully disobeying the order passed in W.P.No. 17691 of 2015, dated 12.09.2023.

2. This Court passed the following orders in W.P.No. 17691 of 2015, on 12.09.2023 :- "6. In view of the facts established, the fourth respondent-District Collector, Chengalpattu is directed to conduct an enquiry by affording opportunity to the writ petitioner and determine the compensation in commensuration with the market value of the property and settle the same, within a period of three months from the date of receipt of a copy of this order.

7. The fourth respondent-District Collector, if necessary, may get the assistance of the Committee or any Expert Body for the purpose of determining compensation.

8. In view of the bifurcations of District, the District Collector, Chengalpattu has been sue motu impleaded as the fourth respondent in the present writ petition, who in turn is directed to execute the order.

9. Accordingly, the present writ petition stands allowed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed."

3. Pursuant to the directions issued by this Court in Paragraph No.6 of the writ order, the District Collector, Chengalpattu, has conducted a detailed enquiry by affording opportunity to the parties. Not satisfied with the said order of the District Collector, dated 24.04.2024, the present contempt petition has been instituted.

4. The learned counsel for the petitioner would submit that the order passed by the District Collector, Chengalpattu, is running counter to the directions issued by this Court.

5. However, the Court is of the opinion that directions were issued to the District Collector, Chengalpattu, to conduct an enquiry by affording opportunity to the writ petitioner and determine the compensation in

commensuration of the market value of the property and settle the same. During the course of enquiry, the District Collector, Chengalpattu, found certain aspects which has been recorded and accordingly, the order was passed. If any grievance exist in respect of the said order, the petitioner has to challenge the same in the manner known to law.

6. However, the respondent has not committed any contempt willfully and accordingly, the contempt petition stands closed. 23.08.2024 Index : Yes (sha)

S.M.SUBRAMANIAM,J sha Contempt Petition No.2412 of 2024 23.08.2024