Madras High CourtCONT P/1430/2019closed

M.Perumal (Staff No. 17532) v. N.Ramesh

2019-09-12Honourable Mr Justice Subramonium Prasad4 pages

1 Cont.P.No.1430 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2019

CORAM

THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD CONTEMPT PETITION No.1430 of 2019 M.Perumal ... Petitioner Vs.

Mr.N.Ramesh, The General Manager, Tamil Nadu State Transport Corporation, (Villupuram) Limited, Kanchipuram Region, Kanchipuram.

...Respondent

Prayer:

The Contempt Petition filed under Section 11 of Contempt of Courts Act, to punish the respondent for willful disobedience and non-compliance of the order passed in Cont.P.No.157 of 2018 dated 26.07.2018.

For Petitioner : Mrs.T.Nithya For Respondent : Mr.Kulandaivelu for Mr.Antony Arockiaraja Standing Counsel

O R D E R

The alleging non compliance of an order dated 18.01.2016 in W.P.No.1327 of 2016, the Cont.P.No.157 of 2018 was filed.

2 Cont.P.No.1430 of 2019 2.The contention of the petitioner was that the terminal benefits which has been directed to be paid in W.P.No.1327 of 2016, dated 18.01.2016 had not been paid. This Court disposed of the Contempt Petition No.157 of 2018 by an order dt.26.07.2018, by observing as under: "3.Per contra, the learned Standing Counsel for the respondent submitted that as per the direction of this Court dated 18.01.2016 in W.P.No.1327 of 2016, the entire terminal benefits have already been paid to the petitioner. However, the representation of the petitioner, dated 10.05.2018 would be considered in accordance with law.

4.In the light of the above submissions, this contempt application is closed and this Court directs the respondent-the General Manager, Tamil Nadu State Transport Corporation (villupuram) Limited, to consider the representation of the petitioner dated 10.05.2018 and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order."

3.This Court took note of the contention of the learned counsel appearing for the respondent that the terminal benefits have already been paid to the petitioner, and also that the representation of the petitioner dated 10.05.2018 would be considered in accordance with law. The instant Contempt Petition is for non compliance of the

3 Cont.P.No.1430 of 2019 order passed by this Court in Cont.P.No.157 of 2018 dated 26.07.2018.

4.The learned counsel for the respondent states that the representation dated 10.05.2018 has been considered and it has been rejected by an order dated 29.10.2018. A copy of the same has been given to the learned counsel for the petitioner.

5.The order dated 26.07.2018 in Cont.P.No.157 of 2018 stands complied. It is for the respondent to challenge the order dated 29.10.2018, by filing a fresh writ petition.

Recording the same, this Contempt Petition is closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) kp //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

4 Cont.P.No.1430 of 2019 Smi/24/09/2019 To The General Manager, Tamil Nadu State Transport Corporation, (Villupuram) Limited, Kanchipuram Region, Kanchipuram.