V.Mareeswaran v. Mohan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND in W.P(MD)No.17196 of 2024 M.Mareeswaran ... Petitioner Vs.

1. Mohan, The State Express Transport Corporation (Tamil Nadu) Ltd., Represented by its Managing Director, Pallavan Salai, Chennai-600 002.

2. Gunasekaran, The General Manager, The State Express Transport Corporation (Tamil Nadu) Ltd., Pallavan Salai, Chennai-600 002.

3. Sivaraman, The Branch Manager, The State Express Transport Corporation (Tamilnadu) Ltd., Madurai Branch, Madurai.

... Respondents Prayer : Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to issue a notice of contempt to the respondents for not obeying the orders of this Court passed in W.P(MD)No.17196 of 2024, dated 26.07.2024 and punish the respondents in accordance with law. 1/6

For Petitioner : Mr.A.Rahul For Respondents : Mr.K.Senthil Kumar Standing Counsel

ORDER

This contempt petition has been filed complaining willful disobedience of the respondents in implementing the order dated 26.07.2024 passed by this Court in W.P.(MD).No.17196 of 2024.

2. While allowing the said writ petition, this Court has directed the respondents therein to consider the representation of the petitioner dated 02.08.2023 positively and pass appropriate orders within a period of three weeks from the date of receipt of a copy of the order.

3. The learned Counsel appearing for the petitioner would submit that the order of the Court has not complied with.

4. On the other hand, the learned Counsel for the respondents submits that the order of this Court has been served on the respondents only on 15.08.2024 and thereafter considering the request of the petitoner as per representation dated 02.08.2023, the petitioner was referred to the Medical 2/6

Board and after obtaining the report from the Medical Board, the competent authority has issued order on 10.01.2025 as directed by this Court. As such the learned Counsel for the respondent submits that there is no willful disobedience on the part of the respondents in implementing the order of this Court.

5. On careful perusal of the facts of the case, it appears that though this Court directed the respondents to pass order by considering the representation of the petitioner within a period of three weeks from the date of receipt of a copy of the order, dated 26.07.2024. Admittedly, only on 10.01.2025 it is complied. As such, there is a delay in passing the order within the time stipulated by this Court. Considering the fact that to consider the request of the petitioner and to pass appropriate order, the respondents have to refer the petitioner to the Medical Board and to get the report, there may be some delay in implementing the order, which can be treated with in a lenient view.

6. Considering the facts and circumstances of the case, in our considered view that there is no willful disobedience on the part of the respondents in implementing the orders of this Court.

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7. Accordingly, this contempt petition is closed.

8. It is made clear that if the petitioner is having any grievance against the order passed by the respondents on 10.01.2025, he is at liberty to challenge the same before the appropriate forum.

20.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes gvn 4/6

To

1. The State Express Transport Corporation (Tamil Nadu) Ltd., Represented by its Managing Director, Pallavan Salai, Chennai-600 002.

2. The General Manager, The State Express Transport Corporation (Tamil Nadu) Ltd., Pallavan Salai, Chennai-600 002.

3. The Branch Manager, The State Express Transport Corporation (Tamilnadu) Ltd., Madurai Branch, Madurai.

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BATTU DEVANAND, J.

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