B.Rajesh, v. Thiru. T. Anbalagan, I.A.S.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND in W.P(MD) No.18660 of 2017 B.Rajesh
...Petitioner
Vs.
1.Thiru.T.Anbalagan, IAS, District Collector/The President of District Level Empowered Committee, Madurai District, Collectorate, Madurai-625 002.
2.Dr.Vengatachalam, The Joint Director, Medical and Rural Health Services Department, Madurai District Head Quarters, Usilampatti, Madurai District-625 532.
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3.T.N.Venkatesh, IAS, Commissioner of Treasure and Accounts, Integrated Complex for Finance Department 3rd Floor, Veterinary Hospital Campus, No.571, Anna Salai, Nandanam, Chennai-600 035.
4.Pon Muthuramalingam, Joint Director of Collegiate Education, Palam Station Road, Opp. To Ganapathy Silks, Sellur, Madurai-625 002.
... Respondents [Respondents No.3 and 4 - impleaded vide Court order dated 13.09.2021 in Sub.A.(MD) No.155 of 2021 in Cont.P.(MD) No.637 of 2021] Prayer : Contempt Petition filed under Section 11 of the Contempt of Courts Act to initiate contempt proceedings against the 2/7
Respondents 1 and 2 and punish them for their willful disobedience in not implementing the order of this Court in W.P.(MD) No.18660 of 2017, dated 28.05.2019.
For Petitioner : Mr.B.Rooban For Respondents : Mr.R.Baskaran Senior Counsel assisted by Mr.V.Nirmal Kumar
O R D E R
This Contempt Petition has been filed complaining the willful disobedience in implementing the order, dated 28.05.2019 in W.P.(MD) No.18660 of 2017 in true letter and spirit.
2. All respondents have filed their counter affidavits. 3/7
3. During the course of hearing Mr.R.Baskaran, learned Senior Counsel representing Mr.V.Nirmal Kumar, learned counsel appearing for the respondents 1 to 4 submits that the amount of Rs.32,978/- including interest was paid to the petitioner by way of cheque dated 11.07.2023 and the same was encashed by the petitioner on 12.07.2023.
4. The learned counsel for the petitioner also accepted the receipt of payment.
5. Admittedly there is a delay of four years in implementing the order of the Court. The learned Senior Counsel basing on the averments in the affidavits filed by the respondents submit that the respondents are tendering their apology for the delay caused in implementing the order and they will be more careful in future in implementing the orders of the Court in true letter and spirit.
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6. Considering the submissions of the learned Senior Counsel and the unconditional apology tendered by the respondents in their affidavits, in the considered opinion of this Court, it is appropriate to take some lenient view towards the respondents as their unconditional apology is bonafide.
7. In view of the same, this Contempt Petition is closed with a warning to the respondents to be more vigilant and cautious and careful in implementing the order of the Court in true letter and spirit in future.
20.11.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 5/7
To 1.The District Collector / The President of district- Level Empowered Committee, Madurai District, Collectorate, Madurai - 625 002.
2.The Joint Director, Medical and Rural Health Services, Department, Madurai District Head Quarters, Usilampatti, Madurai District - 625 532.
3.The Commissioners of Treasure and Accounts, Integrated Complex for Finance, Department 3rd Floor, Veterinary Hospital Campus, No.571, Anna Salai, Nandanam, Chennai - 600 035.
4. The Joint Director of Collegiate Education, Palam Station Road, Opposite to Ganapathy Silks, Sellur, Madurai - 625 002.
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BATTU DEVANAND, J.
RM 20.11.2023 7/7