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Madras High CourtCONT P/1354/2021closed

K. Elangovan v. Dayanand Kataria I.A.S.,

2022-04-22Honourable Mr Justice S. Vaidyanathan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Contempt Petition No.1354 of 2021 K.Elangovan, 7/144, Naththamedu, Arur, Mohanur Taluk, Namakkal District K.Sundaram, 2/44, Goundar Street, Aniyaapuram, Mohanur Taluk, Namakkal District ... Petitioners vs.

Dayanand Kataria, I.A.S., Government of Tamil Nadu, Secretary to Government, Transport Department, Secretariat, Chennai 600 009.

Mohan, Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, Post Box No.713, Salem - 636 007.

3.

Lakshmanan, General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, Page No.1 of 5

Post Box No.713, Salem - 636 007.

4.

Bama, Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.

... Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the Respondents for their wilful disobedience of the order dated 12.03.2021 passed by this Court in W.P.No.6330 of 2021. For Petitioners :

No appearance for Mr.N.Sudhagar Nagaraj For 1st Respondent :

Mr.Stalin Abhimanyu, Additional Government Pleader For Respondents 2 & 3 :

Mr.A.Sundaravadanam For 4th Respondent :

Mr.C.S.K.Sathish

O R D E R

This Contempt Petition is filed praying to punish the Respondents for non-compliance of the order dated 12.03.2021 passed by this Court in W.P.No.6330 of 2021.

When the matter was taken up for hearing, learned counsel appearing for Respondents 2 and 3, as also the learned counsel appearing for Page No.2 of 5

the 4th Respondent submitted that, the order under contempt has been complied with. In support of such compliance, learned counsel appearing for the 4th Respondent produced an Affidavit dated 11.04.2022 filed on behalf of the 4th Respondent, wherein, it is stated that, the amounts due to the Petitioners have been paid through ECS. For better appreciation, relevant portion of the said Affidavit is extracted hereunder: "4.

I submit that as per the orders of this Hon'ble High Court in W.P.No.6330 of 2021, the 4th Respondent has paid the following amount to the Petitioners through ECS as follows:

Mr.K.Elangovan, Staff No.DR2138, PPO No.4705 S.No.

Amount Paid Details Pay Date 7,51,632.00 Commutation Amount 22/01/2021 5,186.00 4% Interest Full Settlement 21/06/2021 Mr.K.Sundaram, Staff No.DR2878, PPO No.4951 S.No.

Amount Paid Details Pay Date 5,58,111.00 Commutation Amount 22/01/2021 1,430.00 4% Interest Full Settlement 21/06/2021 5.

I humbly and respectfully submit that in view of the above payments made, there has been compliance of the orders of this Hon'ble Court dated 12/03/2021 in the aforesaid Writ Petition by the 4th Respondent. The delay in making payment was due to paucity of funds and administrative reasons which were beyond my control. In any event, I once again offer my unconditional apologies for the inconvenience caused to this Hon'ble Court." Page No.3 of 5

3.

In view of the above, as the order under contempt has been complied with, this Contempt Petition is closed. If the Petitioners have any grievance, it is open to them to work out their remedy in accordance with law.

SD/- ASSISTANT REGISTRAR(COMM.CASES) aeb //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.

BD/07/06/2022 To The Secretary to Government, Government of Tamil Nadu, Transport Department, Secretariat, Chennai 600 009.

The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, Post Box No.713, Salem - 636 007.

3.

The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Division, Post Box No.713, Salem - 636 007.

Page No.4 of 5

4.

The Administrator, Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar House, Pallavan Salai, Chennai 600 002.

Page No.5 of 5