← Library
Madras High CourtCONT P/1510/2019closed

K.A. Subramani v. K.Karupasamy

2021-02-08Honourable Mr Justice R. Suresh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 08-02-2021

CORAM:

THE HON'BLE MR. JUSTICE R.SURESH KUMAR K.A.Subramani (Deceased)

1. S.Nagammal

2. A.S.Silamboliyal

3. A.S.Emaiyal

4. A.S.Lenin

5. A.S.Stalin ... Petitioners All are residing at No.131/411, TNHB Colony, Pothapuram PO,(via), Kaveripattinam, Krishnagiri District - 635 112 -vs1. Mr.Karupasamy The Director of Elementary Education, DMS Compound, Chennai - 600 006.

2. Mr.Sachithanatham The District Elementary Educational Officer, Krishnagiri, Krishnagiri District.

... Respondents Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971, to punish the respondents for wilful disobedience and non-compliance of the order made in W.P.No.30049 of 2008 dated 28.03.2018. For Petitioners : Mr.S.Ayyathurai For Respondents : Mr.C.Munuswamy, Spl.G.P 1/4

ORDER

This Contempt Petition has been filed for the alleged disobedience of the orders of this Court, dated 28.03.2018 made in W.P.No.30049 of 2008.

2. When the Contempt Petition came up for hearing during the last hearing, i.e., on 25.01.2021, the learned Special Government Pleader appearing for the respondents would submit that, orders of this Court has been complied with and the pay benefits payable to the petitioner to the extent of Rs.25 lakhs and more had already been disbursed to the legal heir, i.e., the wife of the petitioner who has been subsequently impleaded herein.

3. However, Mr.S.Ayyathurai, learned counsel appearing for the petitioners would submit that, he had to get instructions whether the orders have been complied with and report before this Court and accordingly, the matter has been adjourned and it is posted today for further hearing.

4. Mr.S.Ayyathurai, learned counsel appearing for the petitioners, on instructions would submit that, the amount disbursed by the respondents have been fully received by the first legal heir, who has been impleaded as the petitioner, of the original petitioner, namely S.Nagammal and other legal heirs did not receive any amount, therefore this issue also has to be resolved.

5. However, this Court feel that, since it is a contempt petition where this Court must see whether there is any wilful disobedience of the orders of 2/4

this Court, dated 28.03.2018 and if that is noticed only further action can be taken under the provisions of Contempt of Courts Act.

6. However, in this case, it is admitted fact that, the orders of this Court has been complied with by the respondents, therefore, this Contempt Petition cannot be further retained for any further adjudication.

7. With regard to the grievance espoused by the learned counsel appearing for the petitioners, it is for the other petitioners other than the first petitioner, i.e., the wife of the deceased, can agitate the issue in the manner known to law.

8. With these observations, this Contempt Petition is closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) tsvn //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/13/08/2021 To

1. The Director of Elementary Education, DMS Compound, Chennai - 600 006.

3/4

2. The District Elementary Educational Officer, Krishnagiri, Krishnagiri District.

4/4