Madras High CourtCONT P/429/2016closed

P.Periyannan v. M.Prabhakara Reddy

2018-10-24Honourable Mr Justice Satrughana Pujahari3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE SATRUGHANA PUJAHARI Contempt Petition No. 429 of 2016 and Sub Appln (OS) No.471 of 2018 P.Periyannan .. Petitioner Vs.

Thiru.M.Prabhakaran Reddy The President, D.K.81, Chennasandiram Primary Agricultural Co-operative Credit Society, Chennasandiram & Post Krishnagiri Taluk & District.

.. Respondent Petition filed under Section 11 of the Contempt of Court Act, 1971 to punish the respondents for willfully disobeying the orders in W.P.No.12458 of 2009 dated 03.08.2010.

For Petitioner : Mr.S.Kamadevan For Respondents : Mrs.T.P.Savitha

O R D E R

This contempt petition has been filed by the petitioner to punish the respondents for the willful disobedience of the order passed by this Court on 03.08.2018 in W.P.No.12458 of 2009, on the ground that though the petitioner was put under suspension from

19.04.2003, the subsistence allowance has been paid to him only from 19.04.2004.

2. It appears that the petitioner has approached this Court, for non payment of subsistence allowance to him from the date of suspension, in W.P.No.12458 of 2018. This Court, by an order 03.08.2010, directed the respondent herein to pay the subsistence allowance to the petitioner for the period of suspension.

3. According to the petitioner he was initially put under suspension on 19.04.2003, but the subsistence allowance has paid to him from 19.03.2004. However, there is no dispute with regard to payment of subsistence allowance from the petitioner from 19.03.2004. The order passed by this Court in Writ Petition on 03.08.2010 clearly indicates that the petitioner has approached this Court, intimating the non payment of subsistence allowance from 19.03.2004.

3. In such view of the matter, this Court is of the view that subsistence allowance having already paid from 19.03.2004 till 03.07.2009, the petitioner cannot have any grievance with regard to the non compliance of the order passed by this court on 03.08.2010, in W.P.No.12458 of 2009 and therefore nothing survives for adjudication in this

contempt petition. Hence, this contempt petition stands closed. No costs. Consequently, connected sub application is closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) arr //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

PS/19/11/2018 To The President, D.K.81, Chennasandiram Primary Agricultural Co-operative Credit Society, Chennasandiram & Post Krishnagiri Taluk & District.