R Jaganathan v. S Shanmugavel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN Cont.P.No.1333 of 2016 1.R.Jaganathan 2.C.Poongodi ..

Petitioners vs.

1.Mr.S.Shanmugavel, Deputy Registrar of Coop. Societies, Dharapuram Circle, Dharapuram, Thiruppur District.

2.Mr.C.Palaniappan, Inspection Officer/Field Officer, Vellakoil Primary Agricultural Coop.

Credit Society, Vellakoil, Kangayam Taluk, Tiruppur District.

..

Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for their wilful disobedience and noncompliance of the order of this Court made in M.P.No.2 of 2015 in W.P.No.26327 of 2015 dated 24.08.2015.

For Petitioners :

Mr.C.Prakasam For Respondents :

Mr.L.P.Shanmugasundarm, Special Government Pleader [Co.Op.]

O R D E R

The learned counsel appearing for the petitioners would submit that despite the order of stay of recovery, the petitioners were compelled to pay the amount and therefore, prays for appropriate orders.

2. Mr.L.P.Shanmugasundaram, learned Special Government Pleader appearing for the respondents has drawn the attention of this Court to the counter affidavit, wherein the said allegation has been denied.

3. In the light of the factual dispute as to the voluntary nature of payment made by the petitioners, adjudication cannot be made. Therefore, this Contempt Petition is closed. However, the payment made by the petitioners is subject to the result of the writ petition. Registry is directed to accord priority and list the writ petition for final disposal. 18.08.2017 Index : Yes / No Internet : Yes / No jvm

To 1.Mr.S.Shanmugavel, Deputy Registrar of Coop. Societies, Dharapuram Circle, Dharapuram, Thiruppur District.

2.Mr.C.Palaniappan, Inspection Officer/Field Officer, Vellakoil Primary Agricultural Coop.Credit Society, Vellakoil, Kangayam Taluk, Tiruppur District.

M.SATHYANARAYANAN, J.

jvm Cont.P.No.1333 of 2016 18.08.2017