N. Radhabai v. R. Gajalakshmi Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA N. Radhabai .... Petitioner vs Tmt.R. Gajalakshmi IAS., District Collector, Kancheepuram District, Kancheepuram - 631 501 .... Respondent Contempt Petition filed under Sec.11 of the Contempt of Courts Act to punish the respondent for committing contempt of court by wilfully disobeying the orders passed by this Court in WP No.37968 of 2015 dated 30.11.2015.

For petitioner : M/s M.V. Seshachari For respondent : Mr.M. Elumalai Government Advocate

ORDER

Earlier, this Court by Order dated 26.07.2019 granted one more opportunity to arrive at appropriate compensation, so that the petitioner will be satisfied. Considering the fact that though the compensation worked out to less than Rs.17,00,000/- at the rate of Rs.60/-per 1/3

Sq.ft and the land of the petitioner was already encroached and taken over in the year 2008 and construction was also put up in the year 2009, this Court opined that a compensation of Rs.30,00,000/- may be reasonable. However, since the Calculation Memo filed by the petitioner today i.e., 30.09.2019 indicates only Rs.28,29,204/-, this Court directs the respondent to pay the compensation of Rs.28,29,204/-(Rupees Twenty eight lakhs twenty nine thousand two hundred four only) within a period of four weeks from the date of receipt of a copy of this order. 2.

Mr.M. Elumalai, learned Government Advocate prays this Court to keep the Writ Petition pending. Further, the learned Government Advocate, on instructions from Mrs.B. Pichiammal, Block Development Officer, Madhurantakam, who is present before this Court today, submitted that the order will be duly complied with. 3.

The learned Government Advocate also produced the letter in Rc.No.241/2016/A2 dated 12.09.2019 from Thiru.P. Ponniah, IAS, District Collector, Kancheepuram, wherein, the District Collector, Kancheepuram has agreed to pay compensation of an amount of Rs.25,00,000/- (Rupees Twenty five lakhs only) from the General Funds of the Madurantakam Panchayat Union for the land belonging to the petitioner.

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4.

Therefore, accepting the stand taken by the learned Government Advocate, this Court deems it fit to grant four weeks time to pay the compensation. Accordingly, the respondent is directed to pay the compensation of Rs.28,29,204/-(Rupees twenty eight lakhs twenty nine thousand two hundred four only) within a period of four weeks from the date of receipt of a copy of this order. 5.

With the above direction, the Contempt Petition is closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) SR //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/01/11/2019 To The District Collector, Kancheepuram District, Kancheepuram 631 501.

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