This order dismisses a contempt petition filed for non-compliance of a directive to pay land acquisition compensation. The respondent submitted that compensation was fixed and disbursed. The court closed the petition but granted liberty for civil remedies.
Contempt petition closed. Liberty granted to petitioner to approach Civil Court if aggrieved.
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Cont.P.No.1115 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Cont.P.No.1115 of 2023 in
W.P.No.27388 of 2016
V.Subramaniyan ... Petitioner / Petitioner Vs. B.Murugesh, I.A.S., The District Collector, Thiruvannamalai District, Thiruvannamalai – 606 604. ... Respondent / 1st Respondent
PRAYER: Petition filed under Section 11 of the Contempt of Courts Act to initiate contempt proceedings against the respondent / first respondent and punish him for the willful disobedience of the order of the Hon'ble High Court in W.P.No.27388 of 2016 dated 19.09.2022.
For Petitioner : Mr.J.D.Ramachandran For Respondent : Mr.P.Kumaresan Additional Advocate General Assisted by Mr.S.John J.Raja Singh Additional Government Pleader
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O R D E R
Cont.P.No.1115 of 2023
For non-compliance of the order of this Court, dated 19.09.2022
passed in W.P.No.27388 of 2016, the Contempt Petition is filed.
that the land measuring an extent of 0.55 acres (0.22.5 hectares) of dryland comprised in S.F.No.129, S.F.No.1292/11 situated at Azhividathangi Village, Cheyyar Taluk, Thiruvannamalai District was owned and possessed by the petitioner. The said land was assigned to the petitioner by the Government in 1975 and patta was also mutated in the petitioner's name. While so, the third respondent therein had illegally encroached upon the said land by laying a Thar road, without giving any notice or initiating any land acquisition proceedings and further no compensation was paid to the petitioner till date. Hence, the petitioner made a detailed representation dated 23.01.2016 to the respondents to provide adequate compensation for laying illegal road in his land, but the same was ignored by the respondents and therefore, the petitioner has filed W.P.No.6144 of 2016 before this Court. This Court vide
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Cont.P.No.1115 of 2023
order dated 19.02.2016, directed the petitioner to give a fresh representation along with all necessary documents and also further directed the first respondent to conduct an enquriy and dispose of the same. As per the direction of this Court, the petitioner gave a fresh representation dated 25.02.2016, however the first respondent without considering his claim, had passed the impugned order dated 06.04.2016 and directed the second respondent to cancel the assignment dated 06.11.1975 and thereby rejected the claim of compensation. Aggrieved by the same, the petitioner has filed another Writ Petition in W.P.No.27388 of 2016. This Court, by order dated 19.09.2022 set aside the impugned order dated 06.04.2016 and allowed the Writ Petition with a direction to the first respondent herein to pay a fair compensation to the petitioner within a period of twelve weeks from the date of receipt of that order, but the same has not been complied with. Hence, the petitioner has filed the present Contempt Petition.
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Cont.P.No.1115 of 2023 order of this Court dated 19.09.2022 passed in W.P.No.27388 of 2016, Statutory notice was issued by this Court on 02.06.2023 to the respondent. Pursuant to the statutory notice, the respondent has appeared before this Court on 30.06.2023.
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Cont.P.No.1115 of 2023
receipt of a copy of this order.
14.07.2023
NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To The District Collector, Thiruvannamalai District, Thiruvannamalai – 606 604.
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Cont.P.No.1115 of 2023
M.DHANDAPANI, J.
vji
Cont.P.No.1115 of 2023 in W.P.No.27388 of 2016
14.07.2023
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3 issues framed by the court
Whether the respondent has willfully disobeyed the High Court order dated 19.09.2022 directing payment of fair compensation.
How to dismiss the contempt petition when the compensation award has been submitted to the court.
Whether liberty should be granted to the petitioner to approach the civil court if aggrieved by the compensation award.
V.Subramaniyan
B.Murugesh. I.A.S. (District Collector. Thiruvannamalai District)
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
