A.Saleem @ Abdul Saleem v. P.Ponniah I.A.S

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2020

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Cont. P. Nos. 2040 to 2043 of 2019 in W.P. Nos. 31712, 31708, 31707 & 31711 of 2018 A.Saleem @ Abdul Saleem ... Petitioner in Cont.P.No.2040/2019 P.H.Vinodh Pandian ... Petitioner in Cont.P.No.2041/2019 Mrs. Deepti Manoj Pandian ... Petitioner in Cont.P.No.2042/2019 Dr.A.Deepak Selvaraj ... Petitioner in Cont.P.No.2043/2019

Versus

1. Thiru P.Ponniah, I.A.S., The District Collector, Kancheepuram District, Kancheepuram - 631 501.

2. Ms.Booma, The Special Tahsildar (LA) Unit - I, Mannur - Valarpuram - Nemili Scheme, SIPCOT, Sriperumbudur.

... Respondents in all the Cont. P.s PRAYER in Cont. P. No.2040 of 2019 : Contempt Petition is filed under Section 11 of Contempt of Court Act, praying to punish the respondents for willfully disobeying the direction issued by this Hon'ble Court by order dated 20.12.2018 passed in W.P. No.31712 of 2018. 1/5

PRAYER in Cont. P. No.2041 of 2019 : Contempt Petition is filed under Section 11 of Contempt of Court Act, praying to punish the respondents herein for willful disobedience of the direction issued by this Hon'ble Court by order dated 20.12.2018 passed in W.P. No.31708 of 2018. PRAYER in Cont. P. No.2042 of 2019 : Contempt Petition is filed under Section 11 of Contempt of Court Act, praying to punish the respondents herein for willful disobedience of the direction issued by this Hon'ble Court by order dated 20.12.2018 passed in W.P. No.31707 of 2018. PRAYER in Cont. P. No.2043 of 2019 : Contempt Petition is filed under Section 11 of Contempt of Court Act, praying to punish the respondents herein for willful disobedience of the direction issued by this Hon'ble Court by order dated 20.12.2018 passed in W.P. No.31711 of 2018. For Petitioners in all Cont. P.s : Mr.Abdul Hameed for M/s.AAV Partners For Respondents in all Cont. P.s : Mr.A.Kumar, A.A.G.

assisted by Mr.J.Purushothaman Government Advocate 2/5

C O M M O N O R D E R Earlier, this Court by an order dated 20.12.2018 directed the 2nd respondent to conduct award enquiry and pass appropriate award within a period of eight weeks from the date of receipt of copy of order. Since the award has not been passed within a stipulated time, the present Contempt Petition has been filed.

2. Today, when the matter taken up for hearing, Mr.A.Kumar, learned Additional Advocate General appearing for respondents submitted that, already, the awards have been passed and the awards were referred to SubCourt, Kancheepuram for enhancement. So far as the award passed in Cont.P. No.2040 of 2019 in W.P. No.31712 of 2018 is concerned, since no application has been filed seeking for reference, that award was not referred.

3. Mr. Abdul Hameed, learned counsel appearing for petitioner would submit that at the time of receiving the award, he has made objection stating that they are receiving the award without prejudice to their right of seeking enhancement of compensation.

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4. In the said circumstances, the learned counsel appearing for petitioner is directed to give a fresh application seeking for reference before the 2nd respondent/Special Tahsildar (L.A.) within a period of one week from the date of receipt of copy of this order. On receipt of application, the 2nd respondent is directed to refer the award to Reference Court viz., Sub-Court, Kancheepuram within a period of two weeks thereafter.

5. Considering the fact that, the order passed by this Court has been complied with, no further adjudication is required in these Contempt Petitions. Accordingly, all these Contempt Petitions are closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) rpp //Certified to be true copy// Dated at Madras this the day of 2021. 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/05/01/2021 4/5

To

1. The District Collector, Kancheepuram District, Kancheepuram - 631 501.

2. The Special Tahsildar (LA) Unit - I, Mannur - Valarpuram - Nemili Scheme, SIPCOT, Sriperumbudur.

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