V.Amudu Selvan v. Alby John Varghese Ias.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2024
CORAM
THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN V.Amudu Selvan ... Petitioner Vs.
Dr.Alby John Varghese., IAS The Managing Director Pallavan Transport Consultancy Services Ltd.
(PTCS), IRT Campus, 100 Feet Road, Tharamani, Chennai - 600 113.
...Respondent
Prayer:- Contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondent for having committed wilful disobedience of the order passed by this Hon'ble High Court made in WP.No.1117 of 2024 dated 19.01.2024.
For Petitioner : Mr.S.Marshall For Respondent : Mr.R.Raman Lal Additional Advocate General Assisted by Mr.A.Vinoth Raj, Standing Counsel
ORDER
This Contempt Petition has been filed to punish the respondent for non compliance of the order dated 19.01.2024 passed by this Court in W.P.No.1117 of 2024, thereby directing the respondent to disburse the entire terminal benefits to the petitioner forthwith. 2.
The learned Additional Advocate General appearing for the respondent submitted that one V.Sridharan filed a suit as against the petitioner in O.S.No.207 of 2021 on the file of the Additional Subordinate Court, Namakkal, for recovery of Rs.5,00,000/- along with interest and the said suit was decreed on 06.10.2023. Further the said V.Sridharan filed writ petition before this Court in W.P.No.4976 of 2024, to withhold the retirement benefits of the petitioner to the extent of satisfying the decree amount which is subject matter in E.P.No. 191/2023 in O.S.No. 207/2021 pending on the file of Additional Sub-Court, Namakkal. Therefore, the respondent could not able to comply the order passed by this Court.
3.
Considering the above submission, this Court finds that no
contempt is made out. However, the petitioner is at liberty to settle the amount whatever due from the lender from his retirement amount and the respondent is directed to disburse the remaining amount to the petitioner. Accordingly, the Contempt Petition stands dismissed. 24.04.2024 Index : Yes/No Speaking/Non Speaking order rts To The Managing Director Pallavan Transport Consultancy Services Ltd.
(PTCS), IRT Campus, 100 Feet Road, Tharamani, Chennai - 600 113.
G.K.ILANTHIRAIYAN, J.
rts 24.04.2024