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Madras High CourtCONT P(MD)/977/2021closed

M.Kathamuthu - Retired v. M.A.Murugesan (The Managing Director)

2021-11-01Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2021

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR CONT.P.(MD)No.977 of 2021 in W.P.(MD)No.12851 of 2020 M.Kathamuthu

...Petitioner/ Petitioner

Vs.

M.A.Murugesan, The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai-625 016.

...Contemnor/Respondent Prayer: Contempt Petition filed under Section 11 of Contempt of Court Act, 1971, to punish the respondent for having willfully and deliberately disobeyed the orders of this Court passed in W.P.(MD) No.12851 of 2020 dated 28.09.2020, and for having committed contempt of Court.

Prayer in WP(MD). 12851/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of mandamus or any othe appropriate writ or orders or directions in the nature of writ, directing the respondent to pay surrender leave salary payable for 120 days surrendered in the year from 2010 to 2017 while the petitioner was in service with 6 percent interest For Petitioner : Ms.D.Ramya For Respondent : Mr.J.Senthil Kumaraiah Standing Counsel

ORDER

This Contempt Petition has been filed for the alleged disobedience of the order passed by this Court in W.P.(MD)No.12851 of 2020 dated 28.09.2020.

2.When this Contempt Petition is taken up for hearing today, Mr.J.Senthil Kumaraiah, learned standing counsel appearing for the respondent has filed a memo dated 28.10.2021, of the respondent and stated that the order of this Court has been complied with. In the 1/3

memo, the following has been stated by the respondent: "MEMO FILED BY THE CONTEMNORS/RESPONDENTS In pursuant to the direction issued by this Hon'ble High Court on 28.09.2020, in WP(MD) No.12851 of 2020, the contemnors/Respondents had settled the eligible Service Surrender Leave Salary amounting to Rs.1,12,491/- to the petitioner/petitioner. The payment details are furnished below:

SI.No Mode of Payment Amount Paid (Rs) 1.

Canara Bank-Ch.No.075512/dt.13.10.2021 1,12,491/ Total amount paid 1,12,491/ Hence, the Hon'ble High Court may be pleased to accept this memo and to close this Contempt Petition."

3.The said position is not controverted by the learned counsel appearing for the petitioner.

4.In view of the above, where there has been compliance made by the respondent, the present Contempt Petition need not be proceeded further. Hence it may be closed. Accordingly this Contempt Petition is closed. No costs.

5.It is to be noted that the personal appearance of the respondent, pursuant to the statutory notice already issued is hereby suspended.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) sm/gbg Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To M.A.Murugesan, The Managing Director, Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai-625 016.

CONT.P.(MD)No.977 of 2021in W.P.(MD)No.12851 of 2020 01.11.2021 DKS(CO) KB(18.11.2021) 3P 2C 3/3