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Madras High CourtCONT P(MD)/1036/2024disposed of

K.Asokan v. Arumugam

2025-06-26Honourable Mr.Justice Shamim Ahmed6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED CONT.P(MD) No.1036 of 2024 in W.P.(MD) No.16465 of 2012 K.Asokan, S/o.Karuppiah Thevar (Late), No.222, Parvathi Street, Nataraj Nagar, Opp to Fenner India Limited, Madurai 625 016.

... Petitioner vs.

Thiru.Arumugam, Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye pass Road, Madurai 625 016.

... Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to commit and punish the contemnor/respondent for his wilful disobedience of the order passed by this Court in W.P.(MD) No.16465 of 2012, dated 18.02.2015.

For Petitioner :Mr.A.K.Thangavelu For Respondent :Mr.S.Ramachandra Pradeep Standing Counsel 1/6

ORDER

This Contempt Petition has been filed to punish the contemnor/respondent for wilfully disobeying and not complying with the order of this Court passed in W.P(MD) No.16465 of 2012, dated 18.02.2015. 2.Heard Mr.A.K.Thangavelu learned counsel for the petitioner and Mr.S.Ramachandra Pradeep, learned Standing Counsel for the respondent. 3.This Court, vide judgment and order dated 18.02.2015, had disposed of the said writ petition with the following directions:- "11.For the above reasons, the writ petition is allowed and the respondent is directed to pay 5th level review benefit to the petitioner within a period of six weeks from the date of receipt of copy of this order. No costs."

4.The learned counsel for the petitioner submits that challenging the judgment and order, dated 18.02.2015, the respondent has preferred an appeal in W.A.(MD) No.793 of 2017, before this Court, which was dismissed by the Hon'ble Division Bench of this Court, vide judgment and order, dated 06.03.2024.

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5.Thus, the learned counsel for the petitioner submits that in spite of the dismissal of the Writ Appeal, the respondent has not complied with the directions issued by this Court in W.P.(MD) No.16465 of 2012, dated 18.02.2015. Thus, being no other alternative, the present Contempt Petition has been filed with the prayer that the respondent/contemnor has wilfully and deliberately flouted the order passed by this Court and is in contempt of the judgment and order of this Court dated 18.02.2015. Thus, the respondent should be summoned and punished by exercising the powers under Sections 11 and 12 of the Contempt of Courts Act, 1971. 6.Today, when the matter is taken up, Mr.S.Ramachandra Pradeep learned Standing Counsel for the respondent has produced a copy of the order passed by the Assistant Manager (Legal), Madurai Region, dated 26.06.

2025, in which it has been stated that the direction issued by this Court in W.P.(MD) No.16465 of 2012, dated 18.02.2015 and in W.A.(MD) No.793 of 2017, dated 06.03.2024 has been fully complied with and the entire due payable by respondent has already been paid to the petitioner. A copy of the order dated 26.06.2025 has been produced before this Court, which is now taken on record and a copy of the same has also been given to the learned counsel for the petitioner.

order of this Court in W.P.(MD) No.16465 of 2012, dated 18.02.2015 has been fully complied with, vide order dated 26.06.2025. 7.Mr.A.K.Thangavelu, learned Counsel for the petitioner submits that he has received a copy of the order passed by the Assistant Manager (Legal), Madurai Region, dated 26.06.2025 and he has no objection if the respondent is discharged from the contempt proceedings, as the judgment and order of this Court dated 18.02.2015 has been complied with and the petitioner has also received the entire due payable by the respondent and there is no due pending against the petitioner.

8.Accordingly, in view of the submissions made by the learned counsels for the parties and the order passed by the Writ Court in W.P.(MD) No.16465 of 2012, dated 18.02.2015 and the Appellate Court in W.A.(MD) No.793 of 2017, dated 06.03.2024 and the order passed by the Assistant Manager (Legal), Madurai Region, dated 26.06.2025 and also considering the fact that the petitioner has already received the entire due payable by the respondent and there is no due pending against the petitioner, this Court satisfied that the direction issued by this Court in W.P.(MD) No.16465 of 2012, dated 18.02.2015 has been fully complied with by the respondent and thus, no useful purpose will be served in continuing the present contempt proceedings against the respondent.

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9. Accordingly, the Contempt Petition is finally disposed of and the respondent is discharged from the present contempt proceedings. No costs. The file is consigned to record.

Index :Yes / No 26.06.2025 Internet :Yes / No mm To Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye pass Road, Madurai 625 016.

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SHAMIM AHMED, J.

mm CONT.P(MD) No.1036 of 2024 26.06.2025 6/6