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Madras High CourtCONT P/861/2021closed

A.Karunanithi v. A.Arumugam

2021-08-16Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 16.08.2021 Coram:

The HON'BLE MR. JUSTICE M.S.RAMESH Cont p.No.861 of 2021 A.Karunanithi, No.2/1094, Mudknadurai, Pogalur Post, Annur Via, Coimbatore - 641 697 .. Petitioner Vs.

1.A.Arumugam, Tamilnadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore-43.

2.S.Radhakrishnan, The Chief Financial Advisor & Chief Account Officer, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore.

3.K.Senthil, The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore-43.

4.S.Ravi Lakshmanan, The Deputy Manager, Trust Account and Settlement Section, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore-43.

.. Respondents

Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents herein for their wilful and deliberate disobedience and non compliance of the order of this Court dated 15.12.2020 made in W.P.No.18797 of 2020.

For Petitioner : Ms.Nanthini for Mr.V.Ajoy Khose

O R D E R

This Contempt Petition is heard through Video Conferencing today.

2. The grievance of the petitioner is that the respondents have not sanctioned the non refundable Provident Fund advance of Rs.4 lakhs from the Employees' Provident Fund contribution of the petitioner, which is in violation of the orders of this Court dated 15.12.2020.

3. It is seen that this Court had only directed the respondents to verify and calculate the petitioner's eligibility for availing the non refundable Provident Fund advance amount and no specific direction was given for disbursement of Rs.4 lakhs. As such, the disobedience alleged on the part of the respondents in the present Writ Petition, cannot be termed as 'willful' in nature.

4. However, if the petitioner is aggrieved against the quantum of the non refundable Provident Fund advance paid, liberty is hereby granted to the

petitioner for filing of a fresh Writ Petition. With the above liberty, the Contempt Petition stands closed. No costs.

SD/- ASSISTANT REGISTRAR(COMM.CASES) dp //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/14/09/2021 To 1.Tamilnadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore-43.

2.The Chief Financial Advisor & Chief Account Officer, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore.

3.The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore-43.

4.The Deputy Manager, Trust Account and Settlement Section, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore-43.