K.Shanmuga Sundharam v. L.Bharathi Devi And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Contempt Petition No.2448 of 2023 K.Shanmuga Sundharam

...Petitioner

Vs 1.Tmt.L.Bharathi Devi The General Manager, Tamil Nadu Tourists and Development Corporation, Tourism Complex, No.2, Valaja Road, Chennai-600 002.

2. Thiru.David Prabhakar The Regional Manager, Tamil Nadu Tourists and Development Corporation, Madurai Region, Azhagar Koil Road, Madurai.

3. Thiru.David Prabhakar The Senior Manager (In-charge), Tamil Nadu Tourists and Development Corporation, Hotel Tamil Nadu, Rameshwaram-623 526.

...Respondents

PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts 1/4

Act to punish the respondent for wilful disobedience and deliberate of non-compliance of the order dated 21.02.2023 passed by this Court in W.P.No.4495 of 2023.

For Petitioner : Mr.R.Sivakumar For Respondents : Mr.A.Edwin Prabakar Special Government Pleader

O R D E R

The limited direction given to the first respondent in the writ petition was to consider the representation of the petitioner dated 14.10.2022 within a period of four weeks. Stating that the order has not been complied with, the present Contempt Petition is filed.

2. Today, when the matter is called, learned Special Government Pleader for the respondents submits that the petitioner's claim, made in his representation, with regard to payment of retirement benefits, has been paid to the petitioner on 30.06.2023.

3. However, learned counsel for the petitioner submits that the entire claim made in his representation has not been paid. 2/4

4. Since the order of the Court was only to consider the representation, seeking for disbursement of retirement benefits and the respondents have already made some payment, the alleged disobedience cannot be termed to be wilful in nature, in view of the consideration of the respondents. However, liberty is granted to the petitioner to workout his remedy in case he is of the view that some of the amounts have not been disbursed.

5. With the above observations, the contempt petition is closed. 22.12.2023 Index:Yes/No Speaking order/Non-speaking order sr 3/4

M.S.RAMESH,J., sr 22.12.2023 4/4