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Madras High CourtCONT P/1166/2021disposed of with direction

S.Jagadeesan v. Rajesh Lakhoni

2022-04-27Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRA

DATE: 27.04.2022 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Cont.P.No.1166 of 2021 in W.P.No.11327 of 2006 S.Jagadeesan, No.31, Suvasini, F-5, South Street, Radha Nagar, Chrompet, Chennai 600 044 ... Petitioner/Petitioner Vs.

1. Rajesh Lakhoni, Chairman The Tamil Nadu Electricity Board, No.800, X Floor, K.R.R.Maaligai, Anna Salai, Chennai - 600 002.

2. K.V.Kalyana Raman The Chief Internal Officer Board Office Audit Branch, K.R.R. Maaligai, I Floor, No.800, Anna Salai, Chennai - 600002.

3. S.Sathyanarayanan The Superintending Engineer Cuddalore Electricity Distribution Circle, Cuddalore.

4. B.Suganya, The Divisional Engineer, Tamil Nadu Electricity Board, 100 K.V. Electricity Sub Station Campus Poothamur, Virudachalam ... Respondents/Respondents PRAYER: Contempt petition filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for willful disobedience of the orders of this Court passed in W.P.No.11327 of 2006 dated 21.12.2020.

Page No.1/4

For Petitioner : Mrs.S.Lydia Steffie Catherine for Mrs.V.Pushpa For Respondents : Mr.P.Subramanian Standing Counsel for TNEB

ORDER

This contempt petition has been filed seeking to punish the respondents for wilful disobedience of the order of this Court dated 21.12.2020 made in W.P.No.1327 of 2006.

It is contended by the learned counsel for the petitioner that even though the order was passed in the year 2020 and the respondents are well aware of the above order, they have not paid the monetary benefits to the petitioner as ordered by this Court on 21.12.2020. The learned Standing Counsel appearing for the respondents would submit that subsequent to the orders of this Court, a review application was filed and since the same was dismissed, a writ appeal has been filed against the order of this Court dated 21.12.2020 and the Division Bench of this Court has reserved the orders. Heard the learned counsel appearing on either side and perused the materials available on record.

Even though it is stated that against the order of this Court in the writ petition, writ appeal in W.A.No.957 of 2022 has been filed and Page No.2/4

the same is reserved for orders, the fact remains that no stay order is granted in the appeal.

Therefore, the contemnors are directed to deposit the amount before the Registry, calculating the amount as ordered by this Court in the writ petition on 21.12.2020, to the credit of the above contempt petition within a week i.e. on or before 06.05.2022 failing which, Registry is directed to issue warrant to the contemnors, who shall be retained in prison until they deposit the money before this Court. However, it is made clear that subject to the outcome of the writ appeal, the contemnors are entitled to get back the money, if they succeed in the writ appeal, otherwise the petitioner is permitted to withdraw the amount. With the above directions, this Contempt Petition is disposed of.

SD/- ASSISTANT REGISTRAR(COMM.CASES) ksa-2 //Certified to be true copy// Dated at Madras this the day of 2022. 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/28/04/2022 Page No.3/4

To

1. The Chairman The Tamil Nadu Electricity Board, No.800, X Floor, K.R.R.Maaligai, Anna Salai, Chennai - 600 002.

2. The Chief Internal Officer Board Office Audit Branch, K.R.R. Maaligai, I Floor, No.800, Anna Salai, Chennai - 600002.

3. The Superintending Engineer Cuddalore Electricity Distribution Circle, Cuddalore.

4. The Divisional Engineer, Tamil Nadu Electricity Board, 100 K.V. Electricity Sub Station Campus Poothamur, Virudachalam Copy to:

The Section Officer, Accounts Section, High Court, Madras 104 Page No.4/4