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Madras High Court

G.Thenmozhi vs P.Chidambaram on 4 November, 2024

Author: C.V.Karthikeyan

Bench: C.V.Karthikeyan

                                                                             Cont.P.No.1446 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 04.11.2024

                                                       CORAM

                                  THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

                                                Cont.P.No.1446 of 2024

                    G.Thenmozhi                                              ....    Petitioner
                                                          Vs

                    P.Chidambaram,
                    The District Revenue Officer,
                    Land Acquisition Cell,
                    No.76 Sardar Patel Road,
                    HRS Campus, Highways Department,
                    Guindy, Chennai 600 025.                                  .... Respondent

                    Prayer: Contempt Petition filed under Section 11 of the Contempt of
                    Court Act, to punish the respondent for violating the order passed by this
                    Court in W.P. No.15683 of 2023 dated 18.05.2023.


                                     For Petitioner         : Mr.A.Sundaravadhanan

                                     For Respondent         : Mr.Vadivelu Deenadayalan,
                                                              Additional Government Pleader

                                                       ORDER

This Contempt Petition has been filed by the petitioner complaining that the order dated 18.05.2023 in W.P. No.15683 of 2023 had not been complied with by the respondent. https://www.mhc.tn.gov.in/judis 1/4 Cont.P.No.1446 of 2024

2. The Writ Petition has been filed in the nature of a Mandamus seeking a direction against the respondents not to evict the writ petitioner from the property at Door No.7, Velachery Main Road in Survey No.587/1B1 of Narayanapuram Village, Pallikaranai, Chennai. This property had been acquired for Tambaram-Velachery Main Road.

3. This Court had made it very clear that an order of that nature which is sought cannot be granted. The Court had only observed that the petitioner will have to hand over possession and seek compensation. It is contended on behalf of the petitioner that the proceedings related to compensation are being protracted by the respondent.

4. However, on the side of the respondent, it is contended that a communication have been sent to the petitioner calling upon the petitioner to hand over documents of title, so that, compensation could actually being determined and paid to the petitioner. The last communication forwarded by the respondent was on 27.08.2024. In response, the petitioner has handed over the documents on 21.09.2024. Naturally, the respondent will have to examine the documents and pass necessary and appropriate orders. The orders will have to be passed only https://www.mhc.tn.gov.in/judis 2/4 Cont.P.No.1446 of 2024 after due consideration and compensation will have to be determined. Enquiry has to be made whether there are any rival claims and whether the lay of the lands is commensurate with the the schedule as given in the document handed over by the petitioner herein. Since the process is ongoing, there are no grounds made for contempt.

5. Accordingly, this Contempt Petition stands dismissed. The respondent may proceed further and endevour to complete the entire process as quickly as possible at any rate, within a period of six months from the date of receipt of the copy of the order.

04.11.2024 Speaking/Non-speaking order Index : Yes/No rkp To P.Chidambaram, The District Revenue Officer, Land Acquisition Cell, No.76 Sardar Patel Road, HRS Campus, Highways Department, Guindy, Chennai 600 025.

https://www.mhc.tn.gov.in/judis 3/4 Cont.P.No.1446 of 2024 C.V.KARTHIKEYAN, J.

rkp Cont.P.No.1446 of 2024 04.11.2024 https://www.mhc.tn.gov.in/judis 4/4