P.Nagarajan v. V.Balachandran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH in W.P.(MD).Nos.21794 & 18592 of 2021 Cont.P.(MD).No.1019 of 2024 P.Nagarajam
...Petitioner
Vs.
V.Balachandran,
...Respondent
PRAYER : Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for the willful disobedience and non-compliance of the order passed in W.P.(MD).No.21794 of 2021, dated 21.11.2023 for committing the act of contempt of the Court. 1/6
Cont.P.(MD).No.1020 of 2024 P.Ramalingam
...Petitioner
Vs.
V.Balachandran,
...Respondent
PRAYER : Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for the willful disobedience and non-compliance of the order passed in W.P.(MD).No.18592 of 2021, dated 21.11.2023 for committing the act of contempt of the Court. For Petitioner : Mr.R.Saravanan For Respondent : Mr.K.Selvaganesan, Additional Government Pleader (In both petitions) COMMON ORDER These Contempt Petitions have been filed for non-compliance of the order passed in W.P.(MD).Nos.21794 & 18592 of 2021, dated 21.11.2023.
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2. The Writ Petitions were disposed of with a direction to the respondent to process the application submitted by the petitioners and pay the compensation amount, if the claims made by the petitioners does not form part of the bogus claims.
3. Independent counter-affidavits have been filed in these Contempt Petitions. A specific stand has been taken to the effect that the claim made by the petitioners also forms part of the bogus claims.
4. The learned Additional Government Pleader appearing for the respondent further submitted that an Enquiry Officer was also appointed under Section 81 of the Co-operative Societies Act and an enquiry report was submitted. The same has been put to challenge by the petitioner in Cont.P.(MD).No.1020 of 2024 in W.P.(MD).No.20410 of 2024 before this Court and an order of status quo has been passed by this Court.
5. In the considered view of this Court, the respondent has taken a very specific stand that the claim made by the petitioners also forms part 3/6
of the bogus claims. In view of the same, there is no scope for getting into that issue in the present Contempt Petitions.
6. Hence, if the petitioners are aggrieved by the stand taken by the respondent, they have to agitate their grievance independently in the manner known to law. The orders passed by this Court have not been violated by the respondent and the claim made by the petitioners has been rejected by assigning a reasoning that the claim also forms part of the bogus claims. This reasoning cannot became a subject matter in a contempt proceeding.
7. Except giving this liberty, no further orders can be passed in this Contempt Petition.
8. In the result, the Contempt Petitions are closed. 22.11.2024 NCC : Yes / No Index : Yes/No Internet : Yes/No TSG 4/6
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N.ANAND VENKATESH ,J.
TSG in W.P.(MD).Nos.21794 & 18592 of 2021 22.11.2024 6/6