Shantha v. S.Selvaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.10.2023

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Contempt Petition Nos.687 to 691 of 2022 Shantha ... Petitioner in C.P.No.687/2022 C.Lachumi ... Petitioner in C.P.No.688/2022 Latha ... Petitioner in C.P.No.689/2022 Radhamani ... Petitioner in C.P.No.690/2022 Chinna Gounder ... Petitioner in C.P.No.691/2022 Vs S.Selvaraj, Proprietor, T.P.S. Plantation, Green Garden 'B', Yercaud Taluk, Salem District.

... Respondent in all C.Ps.

Prayer: Petitions filed under Section 11 of Contempt of Courts Act, 1971 praying to punish the respondent for disobeying the order dated 23.12.2020 in W.M.P.Nos.93, 95, 97, 99 and 101 of 2018 in W.P.No.14207, 14208, 14209, 14210 & 14212 of 2017. 1/5

In all Contempt Petitions For Petitioners : Mr.M.G.Martin Manivannan For Respondent : Mr.V.Sekar COMMON ORDER These contempt petitions have been filed for the alleged disobedience of the orders passed in W.M.P.Nos.93, 95, 97, 99 and 101 of 2018 in W.P.No.14207, 14208, 14209, 14210 & 14212 of 2017 dated 23.12.2020.

2. Several occasions when these contempt petitions came up for consideration, the respondent / alleged contemnor towards complying the orders passed by this Court in the said miscellaneous petitions had been making payment to the petitioners. On 26.07.2023 a sum of Rs.5,00,000/- also had been paid i.e., Rs.1,00,000/- for each of the petitioner, thereafter the only due was Rs.64,000/-. Even though the learned counsel appearing for the respondent wanted the petitioners to give up said Rs.64,000/- in view of the financial conditions of the respondent, the petitioners did not accede to and they wanted to pay the said amount also, therefore some more time was given by this Court.

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3. When the case is taken up for hearing, the learned counsel appearing for the respondent has filed a memo stating that, even out of Rs.64,000/- a sum of Rs.20,000/- has been paid by way of Demand Draft on 09.10.2023.

4. He would also submit that, due to severe financial crisis the remaining amount of Rs.44,000/- could not be paid and he would further submit that, in view of the substantial compliance that has been made periodically by making the payments payable towards the petitioners, the contempt petitions can be disposed of accordingly, he contended.

5. Even though the learned counsel appearing for the petitioners has not agreed for the same, after having gone through the genuine attempt made by the respondent in complying the orders of this Court and by making the substantial payment, several lakhs since have been paid, which are due payable by the respondent to the petitioner and lastly a sum of Rs.20,000/- also paid out of Rs.64,000/- due, I am of the view that, the remaining amount can be collected from the respondent in due course by the petitioners as the main writ petitions themselves were disposed.

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6. In view of the aforestated, the present contempt petitions need not be further persuaded, resultantly all these Contempt Petitions are closed.

11.10.2023 Index : Yes / No Speaking Order : Yes / No Sgl 4/5

R.SURESH KUMAR, J.

Sgl 11.10.2023 5/5