Habibunissa And Others v. Ponnaiah I.A.S

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.10.2019

CORAM:

THE HON'BLE MR.JUSTICE T.RAJA

1. Habibunissa

2. Mohammed Tamimul Ansari

3. Mumtaj Begum

4. Mohammed Sithi Bathul

5. Mohammed Aashiq Palkiya

6. Mohammed Hibuna Suhidu

7. Abdul Basit represented by their Power Agent Mohammed Tamimul Ansari ... Petitioners Vs.

1. P.Ponnaiah, I.A.S., District Collector, Kancheepuram District.

2. P.K.Vairamuthu, Chairman, Tamil Nadu Housing Board, Nandanam, Chennai-600 035.

3. R.Ravi, Special Tahsildar (Land Acquisition), Vth TNHB Schemes, Nandanam, Chennai-600 035.

4. N.Sundaramoorthy, District Revenue Officer, Kancheepuram District, Kancheepuram.

... Respondents This Contempt Petition is filed to punish the respondents for willfully and wantonly disobeying the order of this Court dated 26.02.2018 in W.P.No.34287/2017.

For Petitioner : Mr.Mohammed Fayaz Ali For Respondents : Mr.M.Elumalai, 1, 3 and 4 Government Advocate For 2nd respondent : Mr.M.Baskar for TNHB

O R D E R

Alleging the violation of the orders of this Court made in W.P.No.34287/2017 dated 26.02.2018, the present contempt petition has been filed.

2.

When the matter was called today, the Mr.M.Elumalai, learned Government Advocate appearing for the respondents 1, 3 and 4 and Mr.M.Baskar, the learned Counsel for the Tamil Nadu Housing Board, the 2nd respondent herein, jointly made a statement that if the petitioners place all the documents before the District Collector, Kancheepuram, showing their title, ownership to the lands on which they are seeking compensation, due enquiry will be held along with the acquisition body. As doubt has been entertained on the title and ownership of the land, this Court also feels an enquiry is needed.

3.

Since the award has been passed by the District Collector, Kancheepuram, the District Collector is hereby directed to hear the petitioners in respect of the ownership of the lands-in-question and decide the matter

after giving an opportunity to the acquisition body. The petitioners are also directed to place the relevant documents, namely, Sale Deed, Partition Deed, Settlement Deed if any, since the order passed by this Court does not deal with the ownership and title of the lands-in-question. That exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this Order. 4.

With the above observation and direction, the Contempt Petition stands closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) tsi //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/14/11/2019 To

1. The District Collector, Kancheepuram District, Kancheepuram.

2. Mohammed Tamimul Ansari, Door No.50, Kailasanatha Street, Karaikal Nagar, Pondicherry.