M.Chokkalingam v. S.G.Gunasekaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.10.2015 Coram The Hon'ble Mr. Justice D.Hariparanthaman Contempt Petition No.1295 of 2015 M.Chokkalingam

...Petitioner

Vs.

Mr.S.G.Gunasekaran Enquiry Officer/Co-operative Sub Registrar, G.T. 95, Palavakkam Primary Agricultural Coop. Credit Society, Palavakkam Village and Post, Uthukottai Taluk, Tiruvallur District.

...Respondents

Contempt Petition, filed under Section 11 of the Contempt of Courts Act, to punish the respondent for willful disobedience of the order, dated 29.04.2015, passed by this Court in W.P.No.12970 of 2015.

For Petitioner :

Mr.C.Prakasam For Respondent :

Mr.L.P.Shanmuga Sundaram Special Govt. Pleader for Co-operative Society.

O R D E R

This Contempt Petition is filed against the noncompliance of the order, dated 29.04.2015, passed by this Court in W.P.No.12970 of 2015. By the said order, dated 29.04.2015, the respondent herein, viz., Enquiry Officer was directed to furnish certain documents, which the petitioner has sought for, in his representation, dated

16.04.2015, so as to defend himself in the proceedings initiated under Section 81 of the Tamil Nadu Co-operative Societies Act.

2.

Today, when this Contempt Petition is taken up, Mr.L.P.Shanmuga Sundaram, learned Special Government Pleader for the respondent/Co-operative Society handed-over the documents to the learned counsel appearing for the petitioner before this Court, and submitted that the order passed by this Court is complied with.

3.

As the issue is now resolved, this Contempt Petition is closed. Since it is stated that the respondent/Enquiry Officer has already submitted his Enquiry Report, without even furnishing the documents, which the petitioner is in need of to defend his case, the said Enquiry Report is re-called and the respondent/Enquiry Officer is directed to proceed with de novo enquiry and complete the same within a period of 30 days from today. The petitioner shall co-operate with the Enquiry Officer for conducting the enquiry. In view of this order, limitation, if any, that got expired under Section 81 (4) of the Tamil Nadu Co-operative Societies Act shall stand extended for another period of 30 days.

4.

In view of the compliance of the order, dated 29.04.2015, passed by this Court in W.P.No.12970 of 2015, this Contempt Petition stands closed, as already stated above. No costs.

sd 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.

SS/CO/07/05/2015 One CC to Mr.L.P.Shanmugasundaram, Advocate, SR.13200 To Mr.S.G.Gunasekaran Enquiry Officer/Co-operative Sub Registrar, G.T. 95, Palavakkam Primary Agricultural Coop. Credit Society, Palavakkam Village and Post, Uthukottai Taluk, Tiruvallur District.