Amuthavalli v. J.Kalainathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2016

CORAM

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN CONT.P.NO.2353 OF 2015 Amuthavalli ..

Petitioner

Versus

1. P.Ganeshram The Assistant Director of Town Panchayat Coimbatore Region Coimbatore.

2. T.Kalainathan The Director Local Fund Audit Chennai.

3. P.Narayanan Commissioner Palladam Municipality Palladam, Coimbatore District.

(R3 impleaded as per order dated 16.10.2015 in Sub.A.No.842 of 2015 in Cont.P.No.2353 of 2015) ..

Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act 1971, to punish the respondents for committing willful disobedience of the order dated 11.11.2014 passed by this Court in W.P.No.17373 of 2007. For Petitioner :

Mr.N.Balamuralikrishnan For Respondent-3 :

Mr.K.Rajkumar

O R D E R

This Court passed an order dated 11.11.2014 in W.P.No.17373 of 2007 (O.A.No.3703 of 2003) in the following terms:

"15. In the facts and circumstances of the case and also taking into account paragraphs 3 as well as 5 of the counter affidavit of respondents 1 and 2, the impugned order of the second respondent, dated 26.01.2003 is quashed and the writ petition stands allowed. A direction is issued to the second respondent to send appropriate pension proposal including the proposal for DCRG and other benefits to the 5th respondent viz., the Director of Local Fund Audit in respect of the service rendered by the husband of the petitioner, who died on 14.08.1998, within a period of eight weeks from the date of receipt of a copy of this order and on receipt of such proposal, the 5th respondent is directed to authorise pension, DCRG and other benefits on merits and in accordance with law within a period of four weeks thereafter. No costs."

2.Today when the matter is taken up for hearing, it is stated that the benefits other than Family Benefit Fund and Special Provident Fund are settled.

3.The husband of the petitioner died in 1998. The petitioner is yet to get settled all the benefits in spite of the specific direction issued by this Court as stated above. Hence, the third respondent Commissioner of Palladam Municipality is directed to send appropriate papers that are required by the first respondent for settlement of those benefits forthwith and the first respondent is directed to settle the aforesaid benefits within a period of eight weeks from the date of receipt of a copy of this order.

4.The contempt petition is closed with the aforesaid direction.

TK SD/- DEPUTY REGISTRAR(OS) //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.

CO/13/04/2016 One CC to Mr.K.Rajkumar,Advocate, SR.3350

To

1. P.Ganeshram The Assistant Director of Town Panchayat Coimbatore Region, Coimbatore.

2. T.Kalainathan The Director Local Fund Audit, Chennai.

3. P.Narayanan Commissioner Palladam Municipality Palladam, Coimbatore District.