The Tamil Evangelical Lutheran Church v. R.M.Ebragim, And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.01.2025 Coram The Hon'ble Mr.Justice N.Sathish Kumar Cont P.No.3697 of 2024 The Tamil Evangelical Lutheran Church rev. S.Daniel Elavarasan, Pastor and Chairman

...Petitioner

Vs.

1.R.M.Ibragim Land Acquisition Officer/Revenue Divisional Officer, Tondaiyarpet Taluk, Chennai -81.

2. Tmt.Rashmi Siddharth Zagade I.A.S.

The District Collector, Chennai, Collectorate Buildings, Chennai - 600 001.

Respondents Contempt Petition filed under Section 11 of Contempt of Courts Act, to punish the respondents for their wilful disobedience of the order passed by this Court in W.P.No.17537 of 2024 dated 03.07.2024. For Petitioner : Mr.P.Ebenezer Paul For Respondents : Mr.A.Selvendran Special Government Pleader

O R D E R

This Contempt Petition is filed alleging wilful disobedience of the order passed by this Court in W.P.No.17537 of 2024 dated 03.07.2024.

2. This Court, by virtue of the aforesaid order dated 03.07.2024, 1/4

disposed of the Writ Petition with a direction on the first respondent/Land Acquisition Officer to refer the application of the petitioner filed under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, for reference before the Appropriate Authority.

3. When the matter is taken up today, the learned Special Government Pleader for the respondents has brought to the notice of this Court that the petitioner's application has already been referred by the first respondent/Land Acquisition Officer to the Principal City Civil Court, Chennai vide proceedings bearing No.R.C.No.J9/14942/2013 dated 30.07.2024, and further, compensation amount has also been deposited in the Court by way of Cheque dated 27.10.2023, however, it is stated that though separate reference is made, as per the order of this Court, the Registrar of City Civil Court, Chennai has informed orally to the Officials that since similar reference seeking for enhancement of compensation is already pending in L.A.O.P.No.250 of 2023, no separate reference is required. Thus, by averring so, he would submit that the order passed by 2/4

this Court has been complied with.

4. In view of the above, this Court would like to point out that irrespective of the fact that similar reference is already pending in L.A.O.P.No.250 of 2023, that cannot be a ground to state that no separate reference in regard to petitioner's case is required, once reference is made, the learned Principal Judge, City Civil Court, Chennai shall take the petitioner's case on file and club the same with the pending reference in L.A.O.P.No.250 of 2023 and deal with the same as per law.

5. With the above observation, this Contempt Petition stands closed. No costs.

22.01.2025 sd Note to Registry : Mark a copy of this order to Principal City Civil Court, Chennai.

N.Sathish Kumar,J., sd 3/4

Cont P.No.3697 of 2024 22.01.2025 4/4