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Madras High CourtCONT P/318/2024closed

B.S.Venkatesan M/60 v. Mr.Ekambaram

2024-10-18Honourable Ms Justice R.N.Manjula5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 18.10.2024 Coram:

THE HONOURABLE MS.JUSTICE R.N.MANJULA Cont.P.No.318 of 2024 B.S.Venkatesan

...Petitioner

Vs

1. Ekambaram Joint Registrar of Cooperative Societies, Krishnagiri Region, Krishnagiri Krishnagiri District

2. Manjunath President D.K.80, Berigai Primary Agricultural Cooperative Credit Society, Sulagiri Road, Berigai -635 105, Sulagiri Taluk, Krishnagiri District

...Respondents

PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act for willfull disobedience and non-compliance of the orders of this Court made in W.P.No.8801 of 2021 dated 09.10.2023 under the provisions of Contempt of Courts Act.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.M.Rajendran for R1 Additional Government Pleader Mr.M.S.Palanisamy for Page 1 / 5

Mr.V.Ravichandran for R1

O R D E R

This Contempt Petition has been filed for complying the order dated 09.10.2023 made in W.P.No.8801 of 2021. In the Writ Petition, following direction has been given:- "6. Hence, the Writ Petition is disposed of with a direction to the respondents to pay the subsistence allowance to the petitioner in accordance with the Rules and entitlement corresponding to the length of the period of suspension within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed"

2.Mr.M.Rajendran, learned Additional Government Pleader takes notice for the 1st respondent and Mr.M.S.Palanisamy for Mr.V.Ravichandran, learned counsel takes notice for the 2nd respondent and submitted that the order has been complied and in compliance of the same, the 1st respondent has passed an order.

3. However, the petitioner is aggrieved with the order, wherein it is observed that the petitioner did not produce non-employment certificate for each month stating that he is eligible to get subsistence allowance. It is his contention that he Page 2 / 5

has produced relevant record and the 1st respondent has denied subsistence allowance without considering the records in a proper perspective.

4. In such case, it is for the petitioner to challenge the order, if he is so aggrieved. So far as the first respondent is concerned, he has to only consider the representation of the petitioner and pass orders as to his entitlement of subsistence allowance in accordance with the Rules and he had passed an order. If the petitioner is aggrieved that would be a different cause of action. The petitioner cannot canvass his grievance on the order in the contempt proceedings. As the direction already given by this Court in W.P.No.8801 of 2021 has been complied, this Contempt Petition is closed. 18.10.2024 Index : Yes / No Internet : Yes / No Speaking Order / Non Speaking Order ssd Page 3 / 5

R.N. MANJULA, J.

ssd To

1. Ekambaram Joint Registrar of Cooperative Societies, Krishnagiri Region, Krishnagiri Krishnagiri District

2. Manjunath President D.K.80, Berigai Primary Agricultural Cooperative Credit Society, Sulagiri Road, Berigai -635 105, Sulagiri Taluk, Krishnagiri District Cont.P.No.318 of 2024 18.10.2024 Page 4 / 5

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