K.Punniakotti v. V.Joseph Manoharan (President)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2015

CORAM:

THE HONOURABLE MR. JUSTICE S. MANIKUMAR Contempt Petition No.79 of 2014 K.Punniakotti ... Petitioner

Versus

1. V.Joseph Manoharan (President), Videsh Sanchar Nigam Employees Co-operative Housing Society Ltd., No.4, Swami Sivananda Salai, Chennai 600 002.

2. S.Syed Altaf Hussain, No.3, Elcanso Apartment, 9/10, Kasa Major Road, Egmore, Chennai 600 008.

3. S.Rajasekaran, The Registrar of Co-operative Societies (Housing), TNHB Office Complex, Nandanam, Chennai 600 035.

4. Muruganandam, Deputy Registrar of Co-operative Societies (Housing), Chennai Region, Ramanathan Street, Thiyagaraya Nagar, Chennai-17.

... Respondents Petition under Sections 11 of the Contempt of Courts Act, 70/71 to punish the respondent for having committed contempt of Court for disobeying the order, dated 14.11.2013 in M.P.No.1 of 2013 in W.P.No.30830 of 2013. For Petitioner : Mr.Prakash Adiapadam For Respondents 1 & 2: Mr.P.Anbarasan For Respondents 3 & 4 : Mr.T.P.Saritha,G.A.

(Co-op.)

ORDER

Vide order, dated 14.11.2013, in M.P.No.1 of 2013 in W.P.No.29427, 30535 and 30830 of 2013, this Court has granted interim injunction, restraining the respondents 1 to 7, in W.P.No.30830 of 2013, from convening any meeting on 16.11.2013, pursuant to the notice, dated 30.10.2013, issued by the President, Videsh Sanchar Nigam Employees, Co-op., Housing Society Ltd., in Tamil Daily, namely, Dinathanthi. Alleging disobedience of the abovesaid order, the petitioner has filed this Contempt Petition.

2. The petitioner has contended that as per Section 34(5)(b) of the Tamil Nadu Co-operative Societies Act, no member of the board, in respect of whom proceeding, under Section 87 is pending and no member of the board in respect of which proceeding under Section 88 is pending, shall be eligible for election or nomination to the board, till the termination of such proceeding.

3. Counter affidavit has been filed by respondents 1 and 2. Reiterating the averments made in the counter affidavit, Mr.P.Anbazhagan, learned counsel for the respondents 1 and 2 submitted that as no decision, adverse to the interest of the petitioner, was taken in the Board Meetings, prayed to purge the respondents from the contempt proceedings. Explanation offered is accepted.

4. In view of the above, this Contempt Petition is closed.

Skm 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.

SS/CO/10/04/2015 One CC to Government Pleader, SR.2411 One CC to Mr.P.Anbarasan, Advocate, SR.2253 Two CC's to Mr.Prakash Adiapadam, Advocate, SR.2363, 2364