GOWRAPPAN Vs. SANTHOSH BABU

JUDGEMENT

(1.) THIS contempt came to be filed for the alleged disobedience of the order passed by this Court in W.P.No.15790 of 1996, dated 17.7.2003. By the impugned judgment, this court had allowed the writ petition and set aside the G.O.(3D)No.385, dated 10.6.1994 issued under Section 4(1) notification and G.O.(3D)No.888, dated 9.11.1994 issued under Section 6 declaration and Award Proceedings No.4/94-95, dated 31.3.1995. THIS was on the ground that the Award came to be made after the judgment of the Supreme Court in State of Tamil Nadu Vs. Ananthi Ammal reported in 1995 (2) L.W. 819. Though an appeal was filed by the respondent State in W.A.No.1306 of 2006, the same was dismissed by judgment, dated 16.10.2006. But, it is not clear as to why the petitioners never filed any contempt petition even after the disposal by the division bench.

(2.) IT must also be noted that both the learned Judge as well as the division bench had disposed of the matter without benefit of the counter affidavit by the respondents. IT is now stated by the respondent in the counter affidavit that the Government had proposed to initiate a fresh land acquisition proceedings under the Tamil Nadu Act 31/78. IT was also stated that in the earlier order, they had only quashed the acquisition proceedings and that there is no bar for proceeding with fresh acquisition. Further, in paragraph 13 of the counter affidavit, it was averred as follows:

(3.) IN any event, this court is satisfied with the explanation offered by the respondents and therefore not willing to proceed with the contempt. Hence the contempt petition will stand dismissed. No costs.