S.Thangasamy v. Arumugam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED S.Thangasamy ... Petitioner vs.

1.Arumugam, Managing Director, Tamilnadu State Transport Corporation (Madurai) Limited, Madurai Region, Madurai.

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 13.06.2022 in W.P.(MD)No.11464 of 2022.

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

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 Mr.S.Arunachalam, appearing for the Petitioner and Mr.S.Ramachandra Pradeep, learned Standing Counsel accepts notice on behalf of the 1st 1/6

Respondent and Mr.S.C.Herold Singh, learned Standing Counsel accepts notice on behalf of the 2nd Respondent. Therefore, no further notice is required to be issued to the Respondents.

2. This Contempt Petition has been filed for non compliance of the judgment and order dated 13.06.2022 passed in W.P.(MD)No.11464 of 2022 and the learned Single Judge of this Court allowed the said Writ Petition in the following terms:

"7. In this background, there shall be a direction to the respondents to pay the interest to the petitioner at the rate of 6% per annum on the belated payment of the retirement benefits, commencing from the date of retirement, till the date of actual disbursement, within a period of three (3) months from the date of receipt of a copy of this order.

8. This Writ Petition stands allowed in accordance with the above terms. No costs."

3. The learned counsel for the Petitioner further submits that despite the judgment and order passed by the Writ Court dated 13.06.2022 in W.P.(MD)No.11464 of 2022, the Respondents have not complied with the directions of the Writ Court and they have wilfully and deliberately flouting the orders passed by the Writ Court. Thus, the learned counsel submits that the Respondents are in contempt and they may be summoned before this Court and punished for committing contempt by exercising the powers under Sections 11 and 12 of the Contempt of Courts Act, 1971.

4. Upon perusing the judgment and order passed by the Writ Court dated 13.06.2022 in W.P.(MD)No.11464 of 2022 as well as the affidavit filed in support of the contempt petition, which states that the Respondents have not complied with the orders of the Writ Court, this Court is of the view that the Respondents appear to have wilfully and deliberately disobeyed the order of the Writ Court. Consequently, this Court deems it necessary to initiate proceedings against the Respondents for their alleged non-compliance with the said orders.

5. At this juncture, Mr.S.Ramachandra Pradeep, learned Standing Counsel for the 1st Respondent, requests time to ensure compliance with the judgment and order of the Writ Court dated 13.06.2022 in W.P.(MD)No.11464 of 2022. He also assure this Court that whatever order is passed by this Court will be fully complied with and requests ten days time to ensure compliance with the said order.

6. Mr.V.R.Arunkumar, learned counsel for the Petitioner submits that he has no objection to the request made by the learned Standing Counsel for the 1st Respondent.

7. In view of the assurance given by Mr.S.Ramachandra Pradeep, learned Standing Counsel for the 1st Respondent, this Court grants the Respondent a final opportunity to comply with the judgment and order of the Writ Court dated 13.06.2022 in W.P.(MD)No.11464 of 2022, without fail, within 10 days from today. The Respondents are directed to communicate the decision taken by them to the Petitioner and to file an affidavit of compliance in this regard within a period of 10 days from 2/6

today. Failure to comply with the said order within the stipulated time frame will necessitate the Respondents personal appearance before this Court on the next date fixed.

8. Put up this case on 14.07.2025 "For Further Orders" before this Court.

9. Let a copy of this order be given to Mr.S.Ramachandra Pradeep learned Standing Counsel and Mr.S.C.Herold Singh, learned Standing Counsel, for its necessary compliance and information to the Respondents."

2.Today, when the matter is taken up, Mr.S.C.Herold Singh, learned Standing Counsel for the first respondent and Mr.S.Ramachandra Prabhu, learned Standing Counsel for the second respondent, in compliance of the order passed by this Court, dated 01.07.2025, produced an order, dated 16.07.2025 passed by the Assistant Manager (Legal), Tamil Nadu State Transport Corporation (Madurai) Limited. The order passed by the Assistant Manager (Legal), Tamil Nadu State Transport Corporation (Madurai) Limited, dated 16.07.2025, is taken on record. A copy of the order passed by the Assistant Manager (Legal), Tamil Nadu State Transport Corporation (Madurai) Limited, 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.

3.Mr.V.R.Arunkumar, learned Counsel for the petitioner submits that he also received the copy of the order passed by the Assistant Manager (Legal), Tamil Nadu State Transport Corporation (Madurai) Limited, dated 16.07.2025 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. 11464 of 2022, dated 13.06.2022 and the order passed by the Assistant Manager (Legal), Tamil Nadu State Transport Corporation (Madurai) Limited, dated 16.07.2025, 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 NCC :Yes / No cmr 4/6

To 1.The Managing Director, Tamilnadu State Transport Corporation (Madurai) Limited, Madurai Region, Madurai.

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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