A.Sangaiah v. K.P.Ravichandran M.S.C., Agri

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN in W.P(MD)No.22500 of 2019 A.Sangaiah ... Petitioner / Petitioner Vs.

1.K.P.Ravichandran, Joint Registrar / Managing Director, Central Co-operative Bank Limited, Sivagangai District, Sivagangai.

2.The District Collector, Sivagangai District.

(R.2 is suo motu impleaded vide Court order dated 10.08.2022) ... Contemnor / 2nd Respondent PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnor / second respondent for his willful and deliberate disobedience to the orders of this Court in W.P(MD)No.22500 of 2019 dated 07.07.2021.

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For Petitioner : Mr.S.Visvalingam For Respondents : Mr.D.Shanmugaraja Sethupathi for R.1 Mr.K.Balasubramani for R.2

ORDER

The writ petitioner is a farmer. He had paid the premium to the Society shown as the third respondent in the writ petition. It appears that the details were not uploaded in the portal. The Society failed to remit the premium to the Insurance Company.

2. In these circumstances, the writ petitioner filed W.P(MD)No. 22500 of 2019. Vide order dated 07.07.2021, the following directions were passed:

"4.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the second respondent to proceed further to proceed further to pay the insurance amount to the petitioner pursuant to the letter in R.C.3015/2017/T2 dated 05.08.2019 within a period of six(6) weeks from the date of receipt of a copy of this order.

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5.The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order." Contending that the direction given to the Central Co-operative Bank was not complied with, the present contempt petition has been filed.

3. There is no doubt that a positive direction was given in favour of the writ petitioner by the learned Judge of this Court. There is also no dispute that the issue regarding disbursement was already decided by the Committee which was headed by the District Collector, to which decision, the Insurance Company was also a party. The Insurance Company has not challenged the decision of the District Collector till date. The District Collector had taken a decision to use the unclaimed amount to settle the claims as such that of the writ petitioner.

4. Therefore, the District Collector, Sivagangai District is directed to take consequential steps for implementing the decision taken on 22.05.2020 and ensure that the petitioner is paid what is due to him as per the said decision. This shall be completed within a period of four 3/5

weeks from the date of receipt of a copy of this order. This contempt petition is disposed of with the aforesaid direction. 10.08.2022 Index : Yes/No Internet : Yes/No mga Note: Issue Order Copy on 12.08.2022.

To 1.The Joint Registrar / Managing Director, Central Co-operative Bank Limited, Sivagangai District, Sivagangai.

2.The District Collector, Sivagangai District.

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G.R.SWAMINATHAN, J.

mga in W.P(MD)No.22500 of 2019 10.08.2022 5/5