K.Parthiban v. Gunasekaran And 6 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2025
CORAM
THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN Contempt Petition No. 3046 of 2025 and Sub.Appln.(OS) No.1030 of 2025 K.Parthiban .. Petitioner Vs
1. Gunasekaran Special District Revenue Officer-L/A-Unit III, Bangalore-Chennai Express Way Project, Kanchipuram-Thiruvallur Districts, Kanchipuram - 631 501.
2. KB.Irudhayam
3. KB.Joseph Immanuel
4. Pateur Victor Johan
5. Edward Felix
6. Archana Sahaya Rani
7. Abinaya Sheril Roshik .. Respondents PRAYER : Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents for the willful disobedience of the order of this Court made in W.P.No.32063 of 2018 dated 08.01.2019. Page Nos.1/5
For Petitioner : Mr.D.Murthy For Respondents : Mr.S.J.Md.Sathik Government Advocate
O R D E R
This Court had passed an order directing the second respondent to refer the matter to the competent authority under Section 3(H)(4) of the National Highways Act, 1956, within a period of four weeks from the date of receipt of a copy of the order. This order was passed on 08.01.2019 and a copy of the order seems to have been dispatched on 05.03.2019.
2. As the order had not been complied with, contempt proceedings have been initiated by the writ petitioner. After the contempt proceedings had been initiated on 30.06.2025, the Special District Revenue Officer (Land Acquisition), National Highways, Kancheepuram, had referred the Award to the Principal District Judge, Kancheepuram District. It has been numbered as L.A.O.P.Nos.24 and 25 of 2025. The hearing date is 25.09.2025. While this is in compliance to the orders passed by this Court, on account of the delay at the hands of the respondents, not only the State is going to pay extra interest on the Award that has been passed, but it has also constrained the Page Nos.2/5
petitioner to move this contempt proceedings by incurring additional costs. Therefore, the contempt petition is being closed, it is open to the parties to agitate the proceedings in L.A.O.P.Nos.24 and 25 of 2025.
3. The contempt petitioner is granted liberty to file a memo before the learned Principal District Judge, Kancheepuram, indicating the costs that has been incurred in initiating this contempt proceedings. At the time of passing of the Award, the learned Principal District Judge, Kancheepuram shall include the costs so claimed through the memo along with the costs, if any, to be awarded by him in the L.A.O.P proceedings. While awarding the costs, it shall include the costs that the petitioners have incurred in initiating this contempt proceedings.
4. The Registry is directed to mark a copy of this order to the learned Principal District Judge, Kancheepuram.
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5. The contempt petition is closed. Consequently, connected sub application is also closed.
19.09.2025 ms To The Principal District Judge, Kancheepuram.
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V. LAKSHMINARAYANAN , J.
ms and Sub.Appln.No.1030 of 2025 19.09.2025 Page Nos.5/5