N.P.Sons Construct v. Vinoth Kumar I.F.S

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2015

CORAM:

THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM Contempt Petition No.1155 of 2015 M/s.N.P.Sons Constructions Rep. by its Managing Partner P.Gopalakrishnan ... Petitioner Vs.

1.Mr.Vinoth Kumar, I.F.S., Principal Chief Conservator of Forests Panagal Building Jennis Road, Saidapet, Chennai - 600 015.

2.Mr.Udayakumar Forest Engineer, Forest Engineering Divisional No.11, Arabic College Street, Raja Nagar Tiruchirapalli - 20.

... Respondents Prayer :

Contempt petition filed under Section 11 of Contempt of Courts Act, praying to punish the respondents for their willful, intentional violation of the order dated 30.01.2015 made in W.P.No.24559 of 2014.

For Petitioner : Mr.C.Prabakaran For Respondents: Mr.Inbanathan Government Advocate

ORDER

This contempt petition is filed alleging willful disobedience of the order dated 30.01.2015 and made in W.P.No.24559 of 2014.

2.The operative portion of the order dated 30.01.2015 made in W.P.No.24559 of 2014 reads as follows: "7.In the light of the above facts, without going into the merits of the contentions raised by the petitioner, second respondent is directed to consider the petitioner's representation dated 09.08.2014, and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, if there is no other legal impediment in effecting payment and if there is any impediment, the petitioner should be intimated as to the true stage of the matter."

3.The second respondent is present in Court and has filed counter affidavit along with typed set of papers. From the typed set of papers, it is seen that by proceedings dated 21.07.2015, an amount of Rs.29.78 Lakhs is proposed to be paid to the petitioner for which a proposal has been sent to the Principal Chief Conservator of Forests.

4.The learned Government Advocate on instructions would submit that three months time may be granted to the first respondent to sanction the amount since the Government has to be addressed for release of the amount,

since the funds stood repatriated.

5.In the light of the above submission, there will be a direction to the first respondent to take expeditious steps to pay the petitioner the said amount as crystallized in the order dated 21.07.2015 within a period of three months from the date of receipt of a copy of this order. It is made clear that the receipt of the said amount shall be without prejudice to the petitioner's rights and contentions under the contract.

6.The Contempt Petition is disposed of with the above observation.

pri SD/ DEPUTY REGISTRAR(CLAA) //Certified to be true copy// Dated at Madras this the day of 2015. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

km/CO/31/07/2015 To Mr.Vinoth Kumar, I.F.S., Principal Chief Conservator of Forests Panagal Building Jennis Road, Saidapet, Chennai - 600 015.