S. Kuppusamy v. Mrs.S. Palanisamy I.A.S.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.01.2019 Coram The Honourable Mr.Justice S.MANIKUMAR and The Honourable Mr.Justice M.GOVINDARAJ Cont.P.Nos.462 & 463 of 2018 and Sub Appl.Nos.681 & 682 of 2018 Cont.P.Nos.462 & 463 of 2018 S.Kuppusamy .. Petitioner in Cont.P.No.462 & 463 of 2018 vs.

1. S.Palanisamy, I.A.S., The Director of Town Panchayats, Kuralagam, Chennai - 108.

2. S.A.Raman, I.A.S., The Collector, Vellore District.

3. Thirugnanam, The Assistant Director of Town Panchayats, Vellore Region, Vellore.

4. Senthilkumar, The Executive Officer, Vilapakkam Town Panchayat, Vilapakkam.

.. Respondents in both Cont. Petitions Prayer : Petitions filed under Section 11 of the Contempt of Court Act, praying to punish the respondents for wilful disobedience of the common order dated 22.02.2017 in W.P.Nos.2191 and 2202 of 2011 and pass such further or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

For Petitioner : Mr.V.Vijay Shankar in both Cont. Petitions For Respondents : Mr.R.Govindasamy in both Cont. Petitions Special Government Pleader Sub Appl.No.681 & 682 of 2018 S.Palanisamy, I.A.S., The Director of Town Panchayats, Kuralagam, Chennai - 108.

.. Petitioner in both Sub Applications vs.

1. S.Kuppusamy

2. S.A.Raman, I.A.S., The Collector, Vellore District.

3. Thirugnanam, The Assistant Director of Town Panchayats, Vellore Region, Vellore.

4. Senthilkumar, The Executive Officer, Vilapakkam Town Panchayat, Vilapakkam.

.. Respondents in both Sub Appls.

Prayer : Petitions filed under Section 151 of the Civil Procedure Code seeking to dispense with the personal appearance of the petitioner before this Court in Contempt Petition Nos.462 & 463 of 2018.

For Petitioner : Mr.R.Govindasamy in both Sub. Appls.

Special Government Pleader For Respondent No.1 : Mr.V.Vijay Shankar in both Sub. Appls.

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C O M M O N O R D E R A sum of Rs.12,92,654/- due and payable to the petitioner in the instant contempt petitions is arrived at towards the arrears of salary. Out of which, receipt of a sum of Rs.2,00,000/- has been acknowledged under a stamped receipt dated 02.01.2019.

2. On instructions from Mr.S.Palanisamy, I.A.S., Director of Town Panchayats, present before this Court, Mr.R.Govindasamy, learned Special Government Pleader, submitted that remaining arrears of salary of Rs.10,92,654/- (Rupees ten lakhs ninety two thousand six hundred and fifty four only) would be paid within three months from today, in installments.

3. Mr.V.Vijay Shankar, learned counsel appearing for the contempt petitioner submitted that he is not pressing for interest for the delayed payment. The said statement is recorded.

4. Though there is a delay in implementation of the judgement of this Court made in W.A.Nos.2191 and 2202 of 2011 dated 22.02.2017 and consequently, the petitioner has chosen to initiate contempt proceedings, going through the counter affidavit filed by respondent No.4, we are of the view that there is no deliberate and willful intention to

disobey the orders of this Court. We are satisfied with the reasons assigned for the delay. Placing on record the submissions of the learned Special Government Pleader, stated supra, contempt petitions are closed. Consequently, sub applications are also closed. No costs.

SD/- ASSISTANT REGISTRAR(COMM.CASES) kk //Certified to be true copy// Dated at Madras this the day of 2019. 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/23/01/2019