S. Vijayashankar v. Iraianbu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Contempt Petition No.1677 of 2021 S.Vijayashankar, Co-Convenor, Campaign for Custodial, Justice and Abolition of Torture No.54, LDG Road, Little Mount, Saidapet, Chennai 600 015 .. Petitioner Vs.

Iraianbu The Chief Secretary Secretariat, Fort St. George Chennai 9.

.. Respondent Prayer : Petitions filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for willful disobedience and violation of the order dated 04.09.2019 made in W.P.No.9267 of 2017. For the Petitioner : Ms.P.Uma

For the Respondent : Mr.J.Ravindran Addl. Advocate General Assisted by Mrs.R.Anitha Spl. Govt. Pleader

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) The contempt petition has been filed alleging non-compliance of the order dated 04.09.2019, wherein a direction was given to the respondents to pay a sum of Rs.30,09,648/- with interest at the rate of 6 percent per annum.

2. Learned Additional Advocate General appearing for the respondent submits that the payment of Rs.30,09,648/- has already been made to Revathi and four others and the amount of interest, i.e Rs.04,15,834/-, has also been paid. Thus, the order of the Court has been satisfied. The prayer is accordingly to close the contempt proceedings.

3. Learned counsel for the petitioner submits that interest has not been awarded from the date of death, but from the date of judgment. We do not find a direction for award of interest from the date of death. In view of the above, it cannot be said to be case of non-compliance of judgment. If at all the petitioner is eager to get interest from the date of death, the remedy of review or appeal could have been taken. In the absence of it, we find

compliance of the judgment and accordingly, the contempt petition is closed and the contemnor is discharged.

SD/- ASSISTANT REGISTRAR(COMM.CASES) kpl/drm //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/18/03/2022 To The Chief Secretary Secretariat, Fort St. George Chennai 600 009.