Madras High CourtCONT P/2890/2022closed

E.Stanley Justin Paulraj And 4 Others v. Thiru.S.Subramanian And Another

2023-06-09Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Contempt Petition No.2890 of 2022 in WP.No.35145 of 2019 1.E.Stanley Justin Paulraj 2.S.Palanisamy 3.P.Chandra 4.R.Arockiaraj 5.P.Kumar .. Petitioners/Petitioners vs.

1.Thiru.S.Subramanian Additional Registrar of Co-operative Societies NVN Maaligai, 170, E.V.R.Periyar Salai Kilpauk, Chennai 600 010.

2.Thiru.G.K.Madhavan Additional Registrar/Managing Director Tamil Nadu Co-operative Societies NVN Maaligai, 170, E.V.R.Periyar Salai Kilpauk, Chennai 600 010.

.. Respondents /Respondents

Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents herein for willful disobedience of the order of this Hon'ble Court made in WP.No.35145 of 2019 dated 18.12.2019 and corrected order dated 26.2.2020.

For Petitioners : Mr.L.Chandrakumar For Respondents : Mr.J.Ravindran Additional Advocate General Asst.by Mrs.Sneka for R2 Mr.C.Selvaraj Additional Government Pleader for R1

ORDER

Heard Mr.L.Chandrakumar, learned counsel for the petitioners, Mr.J.Ravindran, learned Additional Advocate General for R2 and Mr.C.Selvaraj, learned Additional Government Pleader for R1. 2.When the contempt petition came up for hearing on 13.04.2023, this Court passed the following order:

Pursuant to the earlier order passed by this Court, a compliance affidavit has been filed by the second

respondent. Nothing turns out of the compliance affidavit and the second respondent has merely reiterated that the order has been passed in accordance with law. This Court is not satisfied with the explanation given by the second respondent. Three specific aspects that have been pointed out by the first respondent in paragraph No.4 of the order dated 07.07.2022 are nowhere found in the order passed by the second respondent on 14.03.2023. When this was pointed out to learned counsel for the respondents, he sought for some time to take instructions. 2. It is made clear that if the second respondent wants to justify his stand by pointing out to the order passed on 14.03.2023, this Court has no other alternative except to pass final orders in the contempt petition. Post this case under the same caption on 27.04.2023.

3.Thereafter, the matter was posted on 27.04.2023 and on that day, an affidavit was filed along with the copy of the proceedings dated 26.04.2023. The copy was also served on the learned counsel for the petitioners.

4.This Court has gone through the order passed in proceedings dated 26.04.2023. The discrepancy that was pointed out in the earlier order has been taken note of and a fresh order has been passed by the respondents. 5.The learned counsel for the petitioners submitted that the respondents have once again placed the papers before the Registrar and this tactics has been adopted for a long-time. According to the learned counsel for the petitioners, the issue is placed back and forth before the Registrar and the respondents.

6.In the considered view of this Court, while dealing with the contempt petition, this Court has to look at the scope of the contempt petition. This Court found that the earlier order passed by the respondent was not in line with the direction issued in the writ Petition. Therefore, the said order was withdrawn and a fresh order has been passed through proceedings dated 26.04.2023. This order has sufficiently satisfied the direction issued by this Court. If the petitioners are aggrieved by this order, the same cannot be resolved in this contempt petition and they have to necessarily workout their remedy in accordance with law.

6.In the light of the above discussion, this contempt petition is closed and it is left open to the petitioners to workout their remedy in accordance with law.

09.06.2023 Internet : Yes/No KP To 1.Thiru.S.Subramanian Additional Registrar of Co-operative Societies NVN Maaligai, 170, E.V.R.Periyar Salai Kilpauk, Chennai 600 010.

2.Thiru.G.K.Madhavan Additional Registrar/Managing Director Tamil Nadu Co-operative Societies NVN Maaligai, 170, E.V.R.Periyar Salai Kilpauk, Chennai 600 010.

N. ANAND VENKATESH, J.

KP Contempt Petition No.2890 of 2022 in WP.No.35145 of 2019 09.06.2023