S.R.Dhanasekaran v. A.Muthukrishnan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED S.R.Dhanasekaran ... Petitioner vs.

1.A.Muthukrishnan, General Manager, Tamilnadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul.

2.Bhama, Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai -2.

... Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the contemnors/respondents for his willfully disobeying and not complying with the order of this Court, dated 25.11.2019 in W.P.(MD)No.24861 of 2019.

For Petitioner :Mr.V.R.Arunkumar For R1 :Mr.S.C.Herold Singh For R2 :Mr.S.Ramachandra Pradeep ***** 1/6

O R D E R

This Court, by order, dated 01.07.2025, passed the following order: "Heard Mr.V.R.Arunkumar, learned counsel for the petitioner and Mr.S.Ramachandra Pradeep learned standing counsel takes notice for the respondents. Therefore, no notice is required to be issued to the Respondents.

2.The present Contempt Petition has been filed to punish the respondents/contemnors for non compliance of the judgment and order passed by this Court in W.P.(MD) No.24861 of 2019 dated 25.11.2019. 3.The Hon'ble Writ Court, vide judgment and order, dated 25.11.2019, was pleased to dispose of the said writ petition with the following directions:- "5.This issue has already been decided by the First Bench of this Court referred to above. In view of the same, the respondents are directed to pay the interest at the rate of 6% for the delayed payment in twelve (12) equal monthly instalments on or before 10th day of every English Calendar month. The first instalment is to be paid on or before 10th day of March, 2020."

4.The learned counsel for the Petitioner submits that despite the judgment and order passed by this Court in W.P.(MD)No.24861 of 2019, dated 25.11.2019, the respondents have not complied with the directions of this Court and they have wilfully and deliberately flouted the order passed by this Court and are in contempt of the judgment and order of this Court dated 25.11.2019. Thus, they should be summoned and punished by exercising the powers under Sections 11 and 12 of the Contempt of Courts Act, 1971.

5.Mr.S.Ramachandra Pradeep, learned standing counsel, who accepted notice on behalf of the respondents, prays this Court that a last opportunity may be given to the respondents to make compliance of the judgment and order dated 25.11.2019 and the respondents will file a compliance affidavit, annexing a decision taken by them on the next date of hearing fixed.

6.Mr.V.R.Arunkumar, learned counsel for the petitioner has no objection to the aforesaid prayer made by the learned standing counsel for the respondents.

7.Accordingly, after hearing the learned counsel for the parties, after perusal of the judgment and order made in W.P.(MD) No.24861 of 2019 dated 25.11.2019 and also considering the request made by the learned standing counsel for the respondents/contemnors, as a last chance, this Court grants 10 days and no more further time to the respondents/contemnors to make full compliance of the directions issued by this Court in W.P.(MD) No.24861 of 2019, dated 25.11.2019 and to file an affidavit of compliance in this regard, annexing a decision taken by them. The decision taken by the respondents shall also be communicated 2/6

to the petitioner by the respondents through RPAD on or before the next date of hearing. It is made clear that if the judgment and order, dated 25.11.2019, is not complied with on or before the next date fixed, the respondents are directed to appear in person before this Court on the next date of hearing and justify as to why the judgment and order dated 25.11.2019 is not complied with and as to why contempt proceedings should not be initiated as against them.

8.Put up this case 'for orders' on 14.07.2025 before the appropriate Bench. Let a copy of this order be issued to Mr.S.Ramachandra Pradeep, learned standing counsel for the respondents for its necessary compliance and information." 2.Today, when the matter is taken up, Mr.S.C.Herold Singh, learned Standing Counsel for the first respondent and Mr.S.Ramachandra Pradeep, learned Standing Counsel for the second respondent, in compliance of the order passed by this Court, dated 01.07.2025, produced a compliance affidavit of the second respondent, dated 15.07.2025. The compliance affidavit of the second respondent, dated 15.07.2025 is taken on record. A copy of the compliance affidavit of the second respondent has also been given to the learned Counsel for the petitioner.

Thus, the learned Standing Counsels submit that the judgment and order passed by this Court has been fully complied with by the respondents and the entire amount, as directed by the Writ Court, has been credited in the account of the petitioner. Thus, they submit that the respondents may be discharged from the present contempt proceedings and the present Contempt Petition may be disposed of.

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3.Mr.V.R.Arunkumar, learned Counsel for the petitioner submits that he also received the compliance affidavit and submits that the respondents have made complied with the judgment and order passed by this Court, dated 13.06.2022 passed in W.P.(MD)No.11464 of 2022. Thus, he submits that he has no objection that the respondents may be discharged from the present contempt proceedings and the Contempt Petition may be disposed of. 4.After considering the arguments, as advanced by the learned Counsel for the parties and after perusal of the order passed by this Court in W.P.(MD)No. 24861 of 2019, dated 25.11.2019 and the compliance affidavit of the second respondent, dated 15.07.2025, this Court is also satisfied that the respondents have made fully complied with the directions issued by this Court and no useful purpose will be served in continuing the present contempt proceedings any further. Accordingly, the respondents are discharged from the present contempt proceedings and the present Contempt Petition is disposed of. The file is consigned to record. No order as to costs.

Index :Yes / No 16.07.2025 Internet :Yes / No NCC :Yes / No cmr 4/6

To 1.The General Manager, Tamilnadu State Transport Corporation (Madurai) Limited, Dindigul Region, Dindigul.

2.The Administrator, Tamil Nadu State Transport Employees' Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai -2.

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SHAMIM AHMED, J.

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