S Sivakumar v. Ms Rajarathna Trust

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY CONT.A.(MD)No.1 of 2024 and C.M.P.(MD)No.6364 of 2024 against CONT.P.(MD)No.1371 of 2023 S.Sivakumar, The Land Acquisition Officer / Revenue Divisional Officer, Revenue Divisional Office, Palani, Dindigul District.

... Appellant / Contemnor -VsM/s.Rajarathna Trust, Neikarapatti, Rep. by its Trustee J.Thulasidharan ... Respondent / Petitioner PRAYER: Appeal filed under Section 19 of Contempt of Courts Act, 1971, praying this Court to set aside the order dated 28.03.2024 made in Cont.P.(MD)No.1371 of 2023 in C.R.P.(MD)No.57 of 2019 on the file of this Court.

For Appellant : Mr.Ravindran, Additional Advocate General, assisted by Mr.P.T.Thiraviam, Government Advocate For Respondent : Mr.AR.M.Arunachalam

JUDGMENT

[Judgment of the Court was delivered by S.SRIMATHY, J.] This Contempt Appeal is filed against the order passed in Cont.P.(MD)No.1371 of 2023, dated 28.03.2024, wherein the contemnor is directed to pay a fine of Rs.2,000/- to the Chief Justice Relief Fund and to pay costs of Rs.25,000/- to the petitioner. Further, the contemnor was directed to deposit the balance compensation amount as undertaken by the contemnor within a period of four weeks.

2.Today (21.04.2025), when the matter is taken up for hearing, the learned Additional Advocate General appearing for the appellant / contemnor has submitted a calculation sheet, stating that a sum of Rs.12,06,98,953/- is payable. Referring the said calculation sheet, he would submit that as per the Execution Petition, the contemnor is liable to pay a sum of Rs.88,60,144/- and 30% solatium on the said amount is Rs.26,58,043/-. The rest of the portion is only interest

portion. Out of the total amount of Rs.12,06,98,953/-, the contemnor has already paid a sum of Rs.7,57,79,725/- and the balance amount payable to the petitioner is Rs.4,49,19,228/-.

3.In view of the above, since the learned Additional Advocate General for the contemnor has admitted that the balance amount of Rs.4,49,19,228/- is payable to the petitioner, the same shall be deposited by the contemnor within a period of twelve weeks from the date of receipt of a copy of this order. As far as the order directing the contemnor to pay fine amount of Rs.2000/- and cost of Rs.25,000/- are deleted.

4.With the above observation, this Contempt Appeal is allowed. Consequently, connected miscellaneous petition is closed. [J.N.B., J.] & [S.S.Y., J.] 21.04.2025 NCC : Yes / No Index : Yes / No Yuva

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva CONT.A.(MD)No.1 of 2024 21.04.2025