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Madras High CourtCONT P(MD)/787/2025disposed of

R.Ganesan v. Kannan

2025-07-04Honourable Mr.Justice Shamim Ahmed6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED In W.P.(MD)No.14586 of 2021 R.Ganesan, S/o.Rasu, Kombakkaranendal Village, Savariyarpattinam Post, Manamadurai Taluk, Sivagangai District.

Petitioner/Petitioner Vs Kannan, Secretary, No.630, Kombakkaranendal Co-operative Societies, Kombakkaranendal, Savariyapattinam Post, Manamadurai Taluk, Sivagangai District.

Contemnor/Respondent No.3 PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to punish the Contemnor/3rd Respondent for willfully disobeying and not complying with the order passed by this Court in W.P(MD)No.14586 of 2021, dated 19.02.2024.

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For Petitioner : Mr.K.C.Ramalingam For Respondent : Mr.D.Sadiq Raja Additional Government Pleader

ORDER

This is a petition seeking initiation of contempt proceedings against the Respondent for alleged violation of the order, dated 19.02.2024 passed by the Writ Court in W.P.(MD)No.14586 of 2021. 2.Heard Mr.K.C.Ramalingam, learned counsel, for the Petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader, who accepts notice on behalf of the Respondent. Therefore, no further notice is required to be issued to the Respondent.

3. The Contempt Petition has been filed for non compliance of the judgment and order passed by the Writ Court in W.P.(MD)No.14586 of 2021 dated 19.02.2024 and the learned Single Judge of this Court disposed of the said Writ Petition in the following terms: "7. Accordingly, the Writ Petition is disposed of with the following directions:

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(i) the 3rd respondent shall determine the amounts for which the petitioner is entitled to within a period of three weeks from the date of receipt of a copy of this order and communicate the same to the petitioner.

(ii) Considering the fact that the amount is due to the petitioner as early as on 31.12.2015, who is deprived of enjoyment of the said amounts for 8 long years, the 3rd respondent is directed to pay the amount due together with interest at 9%. (iii) Out of the total amount due, 1/3rd of the amount shall be paid within a period of two months from the date of receipt of a copy of this order and the balance 2/3rd of the amount shall be released in two equal instalments thereafter. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. "

4. Today, when the matter is being taken up, Mr.D.Sadiq Raja learned Additional Government Pleader for the Respondent, filed an affidavit of compliance along with the Statement of Account signed by the Secretary of Kombukkaranendal Co-operative Societies, Sivagangai District, on 03.07.2025 and submits that the Respondent has complied with the order 3/6

of the Writ Court dated 19.02.2024 passed in W.P.(MD)No.14586 of 2021. A copy of the compliance affidavit along with the Statement of Account has been taken on record and the same has been furnished to the learned counsel for the Petitioner. Therefore, he prays that the Respondent may be discharged from the contempt proceedings.

5. Mr.K.C.Ramalingam, learned counsel for the Petitioner submits that he has received a copy of the Statement of Account signed on 03.07.2025 along with compliance affidavit and submits that the direction issued by the Writ Court vide judgment and order dated 19.02.2024 passed in W.P.(MD)No.14586 of 2021 has been complied with. The learned counsel states that he has no objection to the Respondent being discharged from the contempt proceedings.

6. Considering the submissions made by the learned counsel for the Petitioner and the learned Additional Government Pleader for the Respondent, and upon perusal of the Account Statement as well as the compliance affidavit, this Court is satisfied that the Respondent has fully complied with the judgment and order of the Writ Court dated 19.02.2024 4/6

passed in W.P.(MD)No.14586 of 2021. In view of the same, this Court deems it appropriate that no useful purpose would be served by keeping the contempt proceedings pending. Therefore, the Respondent is discharged from the contempt proceedings.

7. In view of the above, the Contempt Petition is disposed of. The file shall be consigned to record. There shall be no order as to costs. 04.07.2025 Nsr Index:Yes/No Web:Yes/No Speaking/Non Speaking To:

The Secretary, No.630, Kombakkaranendal Co-operative Societies, Kombakkaranendal, Savariyapattinam Post, Manamadurai Taluk, Sivagangai District.

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SHAMIM AHMED , J.

Nsr 04.07.2025 6/6