Madras High CourtCONT P/938/2023closed

V.Annadurai And 6 Others v. Thiru.S.Karmegam Ias

2023-04-20Honourable Mr Justice S.S. Sundar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 20.04.2023 Coram:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR --

1. V.Annadurai

2. A.Satyapriya

3. R.Gunasekaran

4. P.Selvaraj

5. M.Senthi

6. K.Mari

7. S.Ranganathan .. Petitioners Vs.

Thiru.S.Karmegam, IAS., District Collector & Arbitrator, Salem District, Salem.

.. Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent herein for committing contempt of Court by disobeying the order passed by this Court dated 05.01.2021 made in W.P.No.27796 of 2017. For petitioner : Mr.K.M.Ramesh, Senior Counsel for Mr.V.Subramani For respondents : Dr.T.Seenivasan, Spl.G.P.

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ORDER

This Contempt Petition is filed alleging that the District Collector has not passed the order as directed by this Court in W.P.No.27796 of 2017, dated 05.01.2021.

2. The petitioners' lands have been acquired under the National Highways Act. The third respondent in the Writ Petition has passed the Award. Aggrieved by the same, the petitioners have sought for reference before the first respondent-District Collector. This Court allowed the said Writ Petition by directing the first respondent to take up the reference on day-to-day basis and determine the compensation in terms of Section 3-G(5) of the National Highways Act, within a period of 12 weeks from the date of receipt of a copy of the order and there was a direction to the first respondent-District Collector to pass a speaking order.

3. Alleging wilful disobedience of the order under contempt, this contempt petition has been filed by the petitioners who are the owners of the landed properties in question.

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4. Learned Senior Counsel appearing for the petitioners states that the District Collector had now passed an order as an Arbitrator and that the amount of compensation is yet to be disbursed.

5. Since it is reported that the District Collector has passed the Award enhancing the amount of compensation, this Court finds that there is no disobedience of the order under contempt, much less wilful disobedience.

6. Having regard to the submissions made by the learned Senior Counsel appearing for the petitioners, this Contempt Petition is closed, recording the compliance.

20.04.2023 cs To District Collector & Arbitrator, Salem District, Salem. 3 / 4

S.S.SUNDAR, J cs 20.04.2023 4 / 4