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Madras High CourtCONT P(MD)/1032/2021closed

A.Sivakumar v. S.Visakan

2022-01-11Honourable Mr Justice S. Vaidyanathan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN in W.P(MD)Nos.18682, 18687, 18691, 18693, 18695, 18698, 18703, 18704 and 18705 of 2020 A.Sivakumar ... Petitioner / Petitioner in CONT P(MD). 1032/ 2021 R.Renuga ... Petitioner / Petitioner in CONT P(MD). 1033/ 2021 D.Rengasamy ... Petitioner / Petitioner in CONT P(MD). 1034/ 2021 S.Veluchamy ... Petitioner / Petitioner in CONT P(MD). 1035/ 2021 R.Pandi ... Petitioner / Petitioner in CONT P(MD). 1036/ 2021 Dhanalakshmi ... Petitioner / Petitioner in CONT P(MD). 1037/ 2021 K.Narasingamoorthi ... Petitioner / Petitioner in CONT P(MD). 1038/ 2021 1/6

K.Chinnathambi ... Petitioner / Petitioner in CONT P(MD). 1039/ 2021 D.Udhayakumar ... Petitioner / Petitioner in CONT P(MD). 1040/ 2021 Vs.

Mr.S.Visakan The District Collector, Dindigul District, Dindigul.

... Contemnor / Respondent No.3 (in all Contempt Petitions) PRAYER: Contempt Petition has been filed under Section 11 of the Contempt of Courts Act, to initiate contempt proceedings against the Contemnor / Respondent No.3 and punish him for the willful disobedience of the order of this Court in W.P(MD)Nos.18682, 18687, 18691, 18693, 18695, 18698, 18703, 18704 and 18705 of 2020 dated 18.12.2020 respectively under the Contempt of Courts Act. Prayer in WP(MD). 18682/ 2020 :

Constitution of India, praying this Court to issue a writ of of 0.10.99 Hectares situated in Survey Nos.205/1, 205/2B, 202/2A and 204/1A of Balakrishnapuram Village, Dindigul East Taluk, Dindigul 03.08.2020 within the time frame as fixed by this Court. Prayer in WP(MD). 18687/ 2020 :

Constitution of India, praying this Court to issue a writ of 2/6

of 0.10.10 Hectares situated in Survey No. 197 of Balakrishnapuram petitioners representation datd 03.08.2020 within the time frame as Prayer in WP(MD). 18691/ 2020 :

Constitution of India, praying this Court to issue a writ of of 0.25.42 Hectares situated in Survey Nos.200, 201, 202/1, 199/1 and 199/2 of Balakrishnapuram Village, Dindigul East Taluk, Dindigul 03.08.2020 within the time frame as fixed by this Court. Prayer in WP(MD). 18693/ 2020 :

Constitution of India, praying this Court to issue a writ of of 0.03.35 Hectares situated in Survey No. 205/2A of Balakrishnapuram Village, Dindigul East Taluk, Dindigul District by considering the petitioners representation datd 03.08.2020 within the time frame as fixed by this Court.

Prayer in WP(MD). 18695/ 2020 :

Constitution of India, praying this Court to issue a writ order or direction more particularly in the nature of a writ of mandamus directing the respondents no.3, 4 and 6 to determine and pay fair compensation as per the provisions of the right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and settlement Act, 2013 and the Tamil Nadu Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Rules, 2017 and as per the Government order in G.O.(Ms) No.38, Highways and Minor Ports Department, dated 08.03.2019 for the acquisition of the petitioners lands comprised in an extent of 3/6

0.02.54 Hectares situated in Survey No. 203 of Balakrishnapuram petitioners representation datd 03.08.2020 within the time frame as Prayer in WP(MD). 18698/ 2020 :

Constitution of India, praying this Court to issue a writ of of 0.04.00 Hectares situated in Survey No. 826/2A of Balakrishnapuram Village, Dindigul East Taluk, Dindigul District by considering the petitioners representation datd 04.08.2020 within the time frame as fixed by this Court.

Prayer in WP(MD). 18703/ 2020 :

Constitution of India, praying this Court to issue a writ of of 0.05.50 Hectares situated in Survey Nos.826/1A1A, 826/28 and 826/27 of Balakrishnapuram Village, Dindigul East Taluk, Dindigul 04.08.2020 within the time frame as fixed by this Court. Prayer in WP(MD). 18704/ 2020 :

Constitution of India, praying this Court to issue a writ of of 0.03.93 Hectares situated in Survey No.826/6A of Balakrishnapuram 4/6

petitioners representation datd 04.08.2020 within the time frame as Prayer in WP(MD). 18705/ 2020 :

Constitution of India, praying this Court to issue a writ order or direction more particularly in the nature of a writ of mandamus directing the respondents no.3, 4 and 6 to determine and pay fair compensation as per the provisions of the right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and settlement Act, 2013 and the Tamil Nadu Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Rules, 2017 and as per the Government order in G.O.(Ms) No.38, Highways and Minor Ports Department, dated 08.03.2019 for the acquisition of the petitioners lands comprised in an extent of 0.03.50 Hectares situated in Survey No.776 of Balakrishnapuram petitioners representation datd 08.09.2020 within the time frame as For Petitioners : Mr.J.Lawrance (in all Cont.Ps.) For Respondents : Mr.S.

P.Maharajan (in all Cont.Ps.) Spl.Govt.Pleader COMMON ORDER Alleging disobedience of the orders of this Court in W.P(MD) Nos.18682, 18687, 18691, 18693, 18695, 18698, 18703, 18704 and 18705 of 2020, dated 18.12.2020, the petitioners have preferred the present Contempt Petitions, to punish the contemnor.

2. Today, when the matters are taken up for hearing, the learned Special Government Pleader appearing for the respondent would submit that the order of this Court, dated 18.12.2020 has been complied with.

3. Recording the submission made by the learned Special Government Pleader, the Contempt Petitions are closed. No costs. Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) MPK 5/6

To The District Collector, Dindigul District, Dindigul.

+1 CC to M/s.SPL.GP ( SR-1498[F] dated 12/01/2022 ) +9 CC to M/s.J.LAWRANCE, Advocate ( SR-1449 to 1457[F] dated 12/01/2022 ) in W.P(MD)Nos.18682, 18687, 18691, 18693, 18695, 18698, 18703, 18704 and 18705 of 2020 11.01.2022 RD(31/01/2022) 6P 12C 6/6