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Madras High CourtSUB A(MD)/137/2025disposed of

A.Shanmugam v. Saravanan

2025-08-22Honourable Mr.Justice Shamim Ahmed7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED In Contempt Petition (MD)No.46 of 2022 A.Shanmugam, S/O.Arunachalakonar, 3/52, North Car Street, Parapakulam, Krishnapuram, Palaiyankottai, Thirunelveli District.

Petitioner/Petitioner Vs 1.Saravanan, The General Manager, Tamilnadu State Transport Corporation (Thirunelveli) Ltd., Thirunelveli Region, Thirunelveli.

2.K.Bhama, The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

Contemnors/Contemnors 1/7

PRAYER: Petition is filed under Section 11 of Contempt of Courts Act, 1971, r/w Section 151 of CPC, to reopen the order dated 03.03.2022 made in Contempt Petition (MD)No.46 of 2022 and reopen the same on file. For Petitioner : Mr.S.Arunachalam For Respondents : Mr.D.Jebaraj (for R1) Standing Counsel Mr.S.C.Herold Singh (for R2) Standing Counsel

ORDER

This petition has been filed to reopen the Contempt Petition (MD)No.46 of 2022 dated 03.03.2022.

2. Heard Mr.S.Arunachalam, learned counsel for the Petitioner and Mr.D.Jebaraj, learned Standing Counsel, accepts notice on behalf of the first Respondent and Mr.S.C.Herold Singh, learned counsel accepts notice on behalf of the second Respondent.

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3. When the matter was taken up for hearing on 13.08.2025, this Court passed the following order:

Mr.D.Jebaraj, learned standing counsel accepts notice for the first respondent and Mr.S.C.Herold Singh, learned standing counsel accepts notice for the second respondent.

2.This sub-application has been filed to re-open the contempt petition bearing Cont.P.(MD) No.46 of 2022.

3.Mr.S.C.Herold Singh, learned standing counsel, who accepted notice for the second respondent, submits that there is some calculation error in paying the amount to the petitioner and further assures this Court that whatever amount due to the petitioner will be paid by the respondents in the account of the petitioner within 10 days from today without fail and prays for an adjournment in this regard.

4.Mr.S.Arunachalam, learned counsel for the petitioner submits that the amount has not been paid to the petitioner as per the direction of the Writ Court in W.P.(MD) No.12589 of 2021, dated 26.07.2021, however, has no objection to the aforesaid prayer made by the learned standing counsel for the second 3/7

respondent, as per the assurance given by the learned standing counsel for the second respondent that whatever amount due to the petitioner will be paid by the respondents in the account of the petitioner within 10 days from today without fail.

5.Accordingly, as prayed for by the learned standing counsel for the second respondent, adjournment is allowed.

6.Put up this case on 22.08.2025 'for orders' before this Court.

4. Today, when the matter is being taken up, Mr.D.Jebaraj and Mr.S.C.Herold Singh, learned Standing Counsels for the respondents 1 and 2 respectively, produced an order dated 22.08.2025, passed by the second respondent and submits that the Respondents have complied with the order of the Writ Court dated 26.07.2021 passed in W.P.(MD)No.12589 of 2021 and entire commutation amount has already been paid to the petitioner. A copy of the said order has been taken on record and the same has been furnished to the learned counsel for the Petitioner. In view of the compliance, he prays that the Respondents be discharged from the contempt proceedings.

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5. Mr.S.Arunachalam, the learned counsel for the Petitioner submits that he has received the copy of the order dated 22.08.2025 and submits that the direction issued by the Writ Court vide judgment and order dated 26.07.2021 passed in W.P.(MD)No.12589 of 2021 has been fully complied with and the entire commutation amount has been received by the petitioner. He further states that he has no objection to discharging the Respondents from the contempt proceedings.

6. In view of the submissions made by the learned counsel for the Petitioner and the learned Standing Counsels for the Respondents and upon perusal of the order dated 22.08.2025 passed by the second Respondent, as well as the statement made by the learned counsel for the Petitioner that the entire commutation amount has been paid to the Petitioner in compliance with the order dated 26.07.2021 passed in W.P. (MD)No.12589 of 2021, this Court deems it appropriate to dispose the present petition,as no useful purpose would be served by keeping them pending. Accordingly, the Respondents are discharged from the contempt proceedings.

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7. In view of the above, the Sub Application is disposed of. Connected miscellaneous petition, if any, stands closed. The file shall be consigned to record. No costs.

22.08.2025 vsg To:

1.Saravanan, The General Manager, Tamilnadu State Transport Corporation (Thirunelveli) Ltd., Thirunelveli Region, Thirunelveli.

2.K.Bhama, The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai-2.

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SHAMIM AHMED , J.

vsg 22.08.2025 7/7