M.Sampathkumar v. Pradeep Yadhav And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI M.Sampathkumar ... Petitioner vs.

1.Pradeep Yadhav, The Secretary to Government, Government of Tamil Nadu, Highways Department, Fort St.George, Chennai - 600 009.

2.J.Devaraju, The Superintendent Engineer, Chennai Circle, Highways Department (Construction & Maintenance), Anna Salai, Teynampet, Chennai - 600 006.

3.M.Selvakumar, The Divisional Engineer, Chengalpet Division, Highways Department, No.2, Periyar Nagar, Chengalpet.

... Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, seeking to punish the respondents for their willful 1/4

disobedience of the order of this Court dated 14.10.2022 passed in W.P.No.5412 of 2019.

For Petitioner : Mr.K.V.Dhanapalan for M/s.T.Fenn Walter Associates For Respondents : Mr.J.Ravindran Additional Advocate General Assisted by Mr.P.Sanjay Gandhi Government Advocate *****

ORDER

This Contempt Petition is filed seeking to punish the Respondents for their wilful disobedience of the order dated 14.10.2022 passed by this Court in W.P.No.5412 of 2019.

2. When this matter was taken up for hearing on 13.04.2023, the learned Additional Advocate General appearing for the respondents submitted that this Court, vide order, dated 14.10.2022, issued a direction to the respondents to refund a sum of Rs.10,16,310/- to the petitioner. However, even before the order of this Court, a sum of Rs.1,63,500/- has been paid to the petitioner and subsequent to the order of this Court, a sum of Rs.4,19,500/- out of the balance amount of Rs.8,52,810/- has been paid to the petitioner on 06.04.2023 and the 2/4

remaining amount will be paid to the petitioner on or before 28.04.2023. Hence, the matter was listed today under the caption "for reporting compliance".

3. Today, when the matter is taken up for hearing, the learned Additional Advocate General appearing for the respondents filed a compliance report dated 24.04.2023 and in paragraph No.7, it has been submitted that the Divisional Engineer, Highways, C&M Kancheepuram has remitted the withheld amount of Rs.4,33,539/- through the ECS into bank account of the petitioner on 17.04.2023.

4. In view of the above submissions, this Court is of the view that there is no wilful disobedience on the part of the respondents/contemnors. Accordingly, this Contempt Petition is closed. 28.04.2023 Index : Yes/No Speaking Order/ Non-speaking order sp 3/4

M.DHANDAPANI,J.

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