Annammal, v. S.Somu Noordeen

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI in W.P.(MD) No.28079 of 2022 Annammal ... Petitioner/Petitioner -vs1.Mr.S.Somu Noordeen, Assistant Director, Fisheries and Fishermen Welfare Department, Kanyakumari 629 702.

2.Mr.D.K.Sekar,, Princiapl Accountant General (A & E), No.361, Anna Salai, Chennai 600 018.

3.Mr.E.Perumal,, District Treasury Officer, Nagercoil, Kanyakumari District.

4.Mr.K.S.Palaniswamy, Commissioner of Fisheries and Fisherman Welfare, Nandanam, Chennai-600035.

(R4 is suo-motu impleaded vide order dated 01.06.2023) .. Contemnors/Respondents Prayer: This Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to punish the Contemnors/ Respondents for their deliberate and willful disobedience of the order of this Court made in WP(MD) No. 28079 of 2022 dated 09.01.2023.

For Petitioner :

No appearance For R1, R3 & R4 :

Mr.M.Senthil Ayyanar Government Advocate (Civil Side) For R2 :

Mr.P.Gunasekaran ******

O R D E R

This Contempt Petition has been filed to punish the Contemnors/ Respondents for their deliberate and willful disobedience of the order of this Court made in WP(MD) No. 28079 of 2022 dated 09.01.2023.

2. The learned counsel for the petitioner is absent.

3. By the order dated 09.01.2023 in W.P.(MD) No.28079 of 2022, this Court has passed the order by quashing the impugned proceedings passed by the first respondent. Further the respondents were directed to disburse the terminal benefits to the petitioner within a period of four weeks from the date of receipt of copy of this order. But the respondent has not complied the above order passed by this Court, hence, the present petition has been filed.

4. The learned Government Advocate (Civil Side) appearing for the respondent Nos.1, 3 and 4 would submit that the respondents are ready to disburse the terminal benefits in favour of the petitioner as per the order of this Court, but the petitioner refused to receive the same. The amount is very much available with the third respondent/ Treasury Officer. If the petitioner approaches the Treasury Officer, the terminal benefits will be disbursed to him.

5. The learned counsel for the second respondent would submit that the petitioner is not come forward to receive the terminal benefits.

6. Recording the submissions made by the learned Government Advocate (Civil Side) and the learned counsel for the second respondent, there is no willful disobedience of the order of this Court by the respondents. The petitioner is directed to approach the concerned Treasury Officer to receive his terminal benefits.

7. In the result, this Contempt Petition is closed. 01.03.2024 Internet:Yes/No Index:Yes/No Indu

To 1.The Assistant Director, Fisheries and Fishermen Welfare Department, Kanyakumari 629 702.

2.The Princiapl Accountant General (A & E), No.361, Anna Salai, Chennai 600 018.

3.The District Treasury Officer, Nagercoil, Kanyakumari District.

M.DHANDAPANI, J.

Indu 01.03.2024