M.Sivan v. Dr.K.Gopal Ias., And 3 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 11.03.2024 CORAM :
THE HONOURABLE MR.JUSTICE BATTU DEVANAND and Sub. Appln. (OS).No.201 of 2024 M.Sivan ... Petitioner -Vs1.Dr.K.Gopal, IAS Principal Secretary, Co-operation, Food & Consumer Protection (CCI) Department, Fort St.George, Chennai - 9.
2.Dr.N.Subbaiyan, IAS Registrar Of Cooperative Societies, Kilpauk, Chennai - 600 010.
3.Mr.Anbalagan Deputy Registrar of Cooperative Societies, Dharmapuri Region, Dharmpauri.
4.Mrs.Malarvizhi Managing Director Dharmapuri District Central Cooperative Bank Bye Pass Road, Dharmpauri District - 636 701.
...Respondents
PRAYER : Contempt Petition is filed under Section 11 & 12 of the Contempt of Courts Act to punish the respondents for not obeying the order dated 16.03.2023 made in WP.No.32678 of 2018 on the file of this Court. 1/5
For Petitioner : Mr.G.Ethirajulu For Respondents : Mr.J.Ravindran, AAG Assisted by Mrs.Geetha Thamarai Selvan, Spl.GP for R1 to R3.
Mr.Bala Ramesh for R4.
ORDER
This Court by an order dated 16.03.2023 while allowing the writ petition directed the respondents therein to pay pension to the petitioner together with arrears of pension from 20.09.2010, the date on which the Government introduced ex-gratia pension vide GO.Ms.No.132 dated 20.09.2010. It is also directed that the arrears of such pension to be paid to the petitioner together with interest at 6% p.a. within 12 weeks from the date of receipt of a copy of this order.
2. Complaining non-compliance of order dated 16.03.2023, the present contempt petition has been filed.
3. The learned counsel for the petitioner submitted that the order dated 16.03.2023 was communicated to the respondents on 30.06.2023 and they have to comply the order on or before 30.09.2023. But, the order has not been complied with within the stipulated period of time. Admittedly, the 2/5
contempt petition has been filed on 07.11.2023. As there is no appearance for the respondents 1 to 3 inspite of service of notice, this Court ordered Statutory notice to respondents 1 to 3 on 08.02.2024.
4. Today, in compliance of the statutory notice, respondents 1 to 3 are present before this Court.
5. During the course of hearing, the learned Additional Advocate General appearing for the respondents 1 to 3 and the learned counsel appearing for 4th respondent submits that the order of this Court has been complied with on 14.02.2024 and seeks to close the contempt case.
6. The learned counsel for the petitioner also accepted that the order of this Court dated 16.03.2023 has been complied with.
7. Under these circumstances, though there is some delay in implementing the order as per the time stipulated by this Court, considering the facts and circumstances of this case, this Court intends to take some lienant view towards the respondents.
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8. Accordingly, this contempt petition is closed.
9. Consequently, connected sub application is dismissed as infructuous.
10. There shall be no order as to costs.
11.03.2024 tsh Index: Yes/No Speaking order/Non Speaking order 4/5
BATTU DEVANAND, J.
tsh 11.03.2024.
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