S.Sathyavathi vs T.Ravindran
2021 Latest Caselaw 24970 Mad

                                                                           Contempt Petition No.921 of 2018

                                  IN THE HIGH COURT OF JUDICIATURE AT MADRAS

                                                   DATED : 17.12.2021

                                                            CORAM :

                                  THE HONOURABLE MR.JUSTICE T.RAJA
                                                 and
                         THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                              Contempt Petition No.921 of 2018


                   A.P.Ranga Rao (deceased)

                   S.Sathyavathi
                   D/o.A.P.Ranga Rao                                       ... Petitioner

                   (the petitioner is impleaded as per the order
                   of the Court dated 25.08.2021 made in Sub.
                   Application No.321 of 2021 in Contempt
                   Petition No.921 of 2018)

                                                             versus

                   T.Ravindran,
                   Special Tahsildar,
                   Land Acquisition,
                   Chennai City Waterways Scheme,
                   Ambattur-600 053.                                       ... Respondent

                   Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act to
                   punish the respondent for Contempt of Court for having not obeyed and for having
                   acted in total disregard to the judgment and decree of this Court passed in A.S.
                   No.302 of 2015 dated 13.08.2015.


                             For Petitioner             :       Mr.R.Krishnaswamy

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                                                                           Contempt Petition No.921 of 2018



                             For Respondent            :      Mr.V.Ravi,
                                                              Special Government Pleader

                                                      JUDGMENT

(Judgment of this Court was delivered by T.RAJA,J.) This Contempt petition has been filed to punish the respondent for his

deliberate disobedience in complying with the judgment and decree dated

13.08.2015 passed by this Court in A.S. No.302 of 2015.

2.On the earlier occasion, the petitioner filed a Calculation Memo on on

14.12.2021and Mr.Ravi, learned Special Government Pleader took time to take

instructions. Today, Mr.V.Ravi, learned Special Government Pleader appearing

for the respondent, filing a calculation sheet dated Nil, signed by the Special

Tahsildar, (LA), incharge, Chennai City Waterways, Ambattur, submitted that

when the alleged land cost was Rs.19,85,716.98 p., 30% of the solatium and 12%

of the additional market value from 28.12.1983 to 26.05.1984 would come to

Rs.5,95,715.09 p. and Rs.28,38,109.96 p. respectively and after deducting the

amount of Rs.1,04,143.96 p., which was already paid by the respondent as per the

Award dated 31.10.2014, the balance due payable by them comes to

Rs.27,33,966.96 p. Again while calculating 9% interest from 27.05.1984 to

26.05.1985, namely, for the first one year, the amount comes to

Rs.2,45,940.99 p. After expiry of one year, the statutory interest of 15% from

27.05.1985 to 31.07.2015 comes to Rs.39,98,707.57 p. and the total interest upto

https://www.mhc.tn.gov.in/judis Contempt Petition No.921 of 2018

31.07.2015 comes to Rs.42,44,648.56 p. Learned Special Government Pleader

further submitted that as directed by this Court on 31.07.2015, the respondent had

deposited 50% of the amount awarded by the Subordinate Court, Ponneri, namely

Rs.34,88,184/- on 31.07.2015 and therefore, the balance amount due and payable

to the petitioner was Rs.34,90,431/- and the same was deposited after 1 year 6

months 8 days on 08.02.2017, for which, the interest at the rate of 15% comes to

Rs.2,06,547.52 p., Rs.1,03,273.76 p. and Rs.4,589.94 p. respectively. Therefore,

the total interest due was Rs.3,14,411.22 p. upto 08.02.2017 and the same is the

correct amount, calculated by the respondent. Since the respondent has already

deposited 50% of the amount awarded by the Subordinate Court, Ponneri, as

directed by this Court, instead of calculating the interest only on the balance 50%

of the said amount, namely Rs.34,90,431/-, the petitioner, by making wrong

calculation, has arrived at a sum of Rs.4,72,065/- instead of Rs.3,14,411.22 p.,

which is the correct amount calculated by the respondent.

https://www.mhc.tn.gov.in/judis Contempt Petition No.921 of 2018

T.RAJA,J.

and D.BHARATHA CHAKRAVARTHY,J.

vga

3.We also find the correct approach adopted by the Special Tahsildar, the

respondent herein. Therefore, we direct the respondent to take out a Demand Draft

in favour of the petitioner for Rs.3,14,411.22 p. and to hand over the same to the

petitioner directly within a period of one week from the date of receipt of a copy

of this order. Since the respondent has taken four long years for paying the said

amount, the respondent is further directed to pay Rs.15,000/- to the petitioner

towards costs. With the above direction, this Contempt Petition stands closed.

[T.R.,J.] [D.B.C.,J.] 17.12.2021 vga Note: Issue order copy on 20.12.2021

Contempt Petition No.921 of 2018

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