K.Thangavelu v. Mr.Sampath
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Contempt Petition Nos.1636 and 1637 of 2016 K.Thangavelu, 52/11, Mettu Street, Ammapet, Salem 636 003 ... Petitioner in Cont.P.No.1636 of 2016 K.Chinnadurai, 191, Kumargiri Petti, Salem 15 ... Petitioner in Cont.P.No.1637 of 2016 Vs.
The District Collector cum Arbitrator Collectorate Salem Salem District.
... Respondent Both ContPs PRAYER in Cont.P.No.1636 of 2016:- Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for the wilful and deliberate non compliance of the undertaking given by the respondent and also a direction of this Hon'ble Court passed in W.P.No.28709 of 2015 dated 18.09.2015. Page No.1/4
PRAYER in Cont.P.No.1637 of 2016:- Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for the wilful and deliberate non compliance of the undertaking given by the respondent and also a direction of this Hon'ble Court passed in W.P.No.28710 of 2015 dated 18.09.2015. For Petitioner : Mr.D.Muthukumar (Both Cont.Ps) For Respondents : Mr.U.Baranidharan (Both Cont.Ps) Government Advocate COMMON ORDER These Contempt Petitions have been filed to punish the respondent for the contempt of order of this Court made in W.P.Nos.28709 and 28710 of 2015, dated 18.09.2015.
2.It is brought to the notice of this Court that the respondent considered the application filed by the petitioner and orders were passed on 19.04.2017 in both the cases. Compliance affidavit along with the order dated 19.04.20217 has been filed before this Court.
3.The learned counsel for the petitioner submitted that the claim made by the petitioners was rejected insofar as the payment of solatium and interest. Subsequent to the judgment of the Hon'ble Supreme Court in Union of India and Another .v. Tarsem Singh and Others reported in (2019) 9 SCC 304, the petitioner in W.P.No.28790 of 2015, made a representation dated 25.01.2021 Page No.2/4
claiming for the solatium and interest. The same is pending before the respondent. Therefore, the learned counsel requested this Court to direct the respondent to dispose of the representation, insofar as the petitioner in Contempt Petition No.1636 of 2016, is concerned.
4.In view of the above development, these contempt petitions are disposed of with a direction to the respondent to consider the representation made by the petitioner in Contempt Petition No.1636 of 2016, seeking for the solatium and interest, in line with the orders passed by this Court in W.P.No.17302 of 2020 dated 08.12.2020 and W.P.No.18325 of 2020 dated 12.12.2020 and the subsequent order in W.P.No.697 of 2021 dated 04.10.2021 and final orders shall be passed within a period of eight weeks from the date of receipt of copy of this order. 5.Accordingly, these contempt petitions are disposed of. SD/- ASSISTANT REGISTRAR(COMM.CASES) kp //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.
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GS/10/01/2022 To The District Collector cum Arbitrator Collectorate Salem Salem District.
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