R.Murugesan v. S.Prabakar I.A.S

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03-10-2019 Coram THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Contempt Petition No.954 of 2019 in W.P.No.29875 of 2018 R.Murugesan ..

Petitioner vs.

Mr.S.Prabakar I.A.S., The District Collector, Krishnagiri District, Krishnagiri.

.. Respondent Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for his non-compliance of the order of this Court made in W.P.No.29875 of 2018 dated 29.11.2018.

For Petitioner : Mr.V.R.Annagandhi For Respondent : Mr.M.Elumalai, Government Advocate.

O R D E R

The contempt petition is filed to punish the respondent for his willful disobedience of the order dated 29.11.2018 passed by this Court in WP No.29875 of 2018.

2. This Court passed an order on 29.11.2018 in WP No.29875 of 2018 and the relevant portion of the order in paragraph-5 reads as under:- 1/4

"5. Considering the limited scope of prayer, without going into the merits of the case, this Court is inclined to direct the first respondent to consider the representation of the petitioner dated 27.08.2018, on merits and in accordance with law, and pass orders as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order, after providing due opportunity to the parties concerned. It is needless to state that the petitioner shall produce a copy of his representation, along with this order copy, to the first respondent."

3. Representation was submitted by the contempt petitioner on the order passed by the competent authority under Subsistence Allowance Act in PSA No.2 of 2017 dated 14.02.2018. The claim of the contempt petitioner was that the authority under Subsistence Allowance Act, directed the first respondent to pay the subsistence allowance and in spite of that they have not paid the same. The writ petitioner filed WP No.29875 of 2018 and this Court directed the first respondent to consider the representation and the said representation has also not been considered.

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4. On verification, the respondent-management Royakottai Primary Agricultural Cooperative Credit Society Limited filed WP No.9558 of 2019, challenging the order dated 14.02.2018 passed in PSA No.2 of 2017. However, the said writ petition is disposed of by this Court on 23.09.2019. This Court directed the management to pay the subsistence allowance of 50% of the salary to the contempt petitioner herein.

5. In view of the final order passed in WP No.9558 of 2019, no further consideration is required in respect of the present contempt petition and in the event of violating the said order, the contempt petitioner is at liberty to move appropriate petition.

6. With the above liberty, the contempt petition stands closed. However, there shall be no order as to costs. SD/- ASSISTANT REGISTRAR(COMM.CASES) SVN //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.

Smi/22/10/2019 3/4

To The District Collector, Krishnagiri District, Krishnagiri.

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