R. Sakthi v. Mr. Dr. R. Selvaraj, Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.08.2018

CORAM

THE HONOURABLE MR. JUSTICE SATRUGHANA PUJAHARI Cont.P.No.706 of 2018 R.Sakthi ..

Petitioner

Versus

Mr.Dr.R.Selvaraj, I.A.S., Director of Survey and Land Records, Chepauk, Chennai-600 005 .. Respondent Contempt petition filed under section 11 of the Contempt of Courts Act to punish the respondent herein for committing contempt of Court by willfully disobeying the orders passed by this Court in W.P.No.9882 of 2015 dated 06.04.2015.

For Petitioner :

Mr.C.Prakasam For Respondent :

Mr.S.R.Rajagopal, AAG, assisted by Mr.J.Purushothaman

ORDER

This contempt petition has been directed against the respondent for non-compliance of this Court's order dated 06.04.2015 in W.P.No.9882 of 2015, with regard to the

release of the terminal benefits viz., Special Provident Fund, General Provident Fund and Earned Leave benefits.

2. It is submitted by the learned Additional Advocate General that review application against the same being pending, this Court should not proceed with the contempt petition. However, it is also brought to the notice of this Court that no order on such review petition has been passed yet. Filing a review petition does not keep the order passed in eclipse and hence, the same can hardly be a ground justifying the non-compliance and protest for compliance.

3.In such premises, the learned Advocate General submits that they will comply with the order but the same be subject to the out come of the review.

4. In such premises, this contempt petition is closed, with a direction to the respondent to comply with the order dated 06.04.2015 immediately, but such compliance shall be subject to the outcome of the review petition. It is also made clear that if the result of the review go in favour of the respondent/State, in the writ petition, the petitioner shall refund the amount that would have been received by him in pursuant to the direction of the writ petition, with 6% interest from the date of receipt till the same is refunded and an undertaking in this regard may

also given by him before receipt of the amount to the appropriate respondent in the writ petition.

SD/- ASSISTANT REGISTRAR(COMM.CASES) //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.

CO/20/09/2019 To The Director of Survey and Land Records, Chepauk, Chennai-600 005 One cc to Mr.C.Prakasam, Advocate, Sr.No.11983 one cc to the Govt.Pleader, High Court,sr.No.12243