Mr.A.Dasarathan, v. Dr.D.Karthikeyan,I.A.S

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2025

CORAM

THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD Mr.A.Dasarathan, Son of Appu, No.6,Arumugam Street, Barathi Block, Jafferkhanpet, Chennai-600 083.

Petitioner(s) Vs

1. Dr.D.Karthikeyan, I.A.S Commissioner, Ribbon Building, Park Town, Chennai 600 003.

2.Thiru.V.Arun Roy, I.A.S Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, Pumping Station Salai, Chindadripettai, Chennai 600 002.

3.Mr.S.Natarajan, Zonal Officer, Zone-10, NSK Salai, Kodambakkam, Chennai-600 024.

4.Thiru V.Anbuselvan, I.A.S, District Collector, Chennai 600 001.

Contemnor(s) PRAYER: Contempt Petition is filed under Section 11 of Contempt of Court Act, 1971, to punish him for disobeyance of order dated 10-11-2016 passed in W.P.No.34389 of 2016.

For Petitioner(s):

M/s.P.Thirupathi Raj For Respondents:

Mr.M.Suresh Kumar Additional Advocate General Assisted by M/s.K.Ashwini Devi for R1 and R3 M/s.N.Paul Sunder Singh, Standing Counsel for R2

ORDER

This Contempt Petition is filed to punish the respondents for disobeyance of order dated 10.11.2016 passed in W.P.No.34389 of 2016.

2. Today, when the matter is taken up for hearing, the learned Additional

Advocate General appearing for the respondents 1 & 3 submitted that, challenging the order dated 10.11.2016 in W.P.No.34389 of 2016, appeal has been preferred by the respondent Corporation, and the same is allowed by this Court vide order dated 26.07.2023. The relevant portion of the order is extracted hereinunder:

"13. We have already noticed that the authorities have offered to issue a TDR certificate to the Writ Petitioner in lieu of compensation. The learned Single Judge has rightly held that the act of the appellants cannot be termed as an encroachment since the property was entered upon only for public purposes and the land is being used as a road for past 25 years.

We therefore feel that it would be just and proper to direct the Writ Petitioner to submit a representation to the appellants within a period of two weeks from the date of receipt of a copy of this judgment, choosing to accept the offer of issuance of TDR certificate in lieu of compensation proportionate to the land area lost by the Writ Petitioner, however, if the Writ Petitioner is not willing to accept the TDR certificate being offered by the appellants, then it shall be open to the Writ Petitioner to approach the Civil Court seeking appropriate compensation. In the event of the Writ Petitioner agreeing to accept the TDR certificate, then the appellants shall issue the necessary TDR certificate to the Writ Petitioner within a period of four weeks from the date of receipt of a copy of this judgment.

Otherwise, the Wit Petitioner will be at liberty to approach the competent Civil Court and seek compensation. In view of the time lost in prosecuting the Writ Proceeding limitation shall not be put against the Writ Petitioner if the suit is filed within 3 months from the date of the receipt of a copy of this judgment.

14. For the foregoing reasons, Writ Petition is dismissed and Writ Appeal is allowed with the above directions. No costs. Consequently, connected miscellaneous petitions are closed."

3. Heard the learned counsel on either side and perused the materials available on record.

4. In view of the above, the Contempt Petition stands closed. No costs. 24-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes jd

To

1. Dr.D.Karthikeyan, I.A.S Commissioner, Ribbon Building, Park Town, Chennai 600 003.

2.Thiru.V.Arun Roy, I.A.S Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, Pumping Station Salai, Chindadripettai, Chennai 600 002.

3.Mr.S.Natarajan, Zonal Officer, Zone-10, NSK Salai, Kodambakkam, Chennai-600 024.

4.Thiru V.Anbuselvan, I.A.S, District Collector, Chennai 600 001.

J.SATHYA NARAYANA PRASAD J.

jd 24-03-2025