K.Subburathinam v. S.Srinivasan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2019

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN in W.P(MD)No.178 of 2011 K.Subburathinam ... Petitioner Vs.

1.S.Srinivasan, The Revision Authority / Joint Registrar of Co-op. Societies, Karur Region, 55, Additional Building, Collectorate, Thanthonimlai, Karur - 639 007.

2.K.Murugesan, Special Officer, No.YK.124, Karur Primary Co-operative Agricultural and Rural Development Bank Ltd., No.48/A/5C, Opp. to Panchayat Union Office, Thanthonimalai, Karur - 639 005.

... Respondents Prayer : Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents herein for wilful disobedience of the order passed by this Court in W.P(MD)No.178 of 2011, dated 14.08.2018.

Prayer in WP(MD). 178/ 2011 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified mandamus, calling for the entire records relating to the impugned Revision Order passed by the 1st respondent authority made in R.A.No.7/2010 Sa.Pa.dated 23/08/2010 confirming the orders passed by the 2nd respondent by his proceedings dated 30/11/2009 and quash the same and consequently direct the respondents to pay interest for the belated payment of terminal benefits as claimed in the revision application dated 03/03/2010.

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For Petitioner : Mr.P.Subbaraj For Respondents : Mr.N.Shanmugaselvam Additional Government Pleader for R.1 Mr.D.Muruganandham Additional Government Pleader for R.2

ORDER

Today, when the matter is taken up for hearing, the learned Additional Government Pleader appearing for the second respondent has drawn the attention of this Court to the reply affidavit filed by the second respondent, dated 02.07.2019 and on instructions, submitted that the order passed by this Court in W.P(MD)No.178 of 2011, dated 14.08.2018, has been complied with.

2. In paragraph 4 of the reply affidavit filed by the second respondent, it is stated as under:

"4. I respectfully submit that the Order of this Hon'ble Court dated 03.11.2018 made in W.P(MD) No.178 of 2011 was reached our office on 03.11.2018. After receiving the order of this Hon'ble Court, immediately we calculated the interest at the rate of 10% for the belated payment of Gratuity and the same was arrayed at an amount of Rs.29,468/- and the same was paid to the petitioner vide cheque No.646554, dated 16.11.2018. Therefore, the order passed by the Hon'ble Court 03.11.2018 made in W.P(MD)No.178 of 2011 was duly complied with, without any deviation." [extracted as such]

3. In view of the same, this Contempt Petition is closed and if the petitioner is aggrieved by any of the decision taken by the respondents or any lesser amount is paid, it is open to him to challenge the same in accordance with law.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar 2/3

To 1.Mr.S.Srinivasan, The Revision Authority / Joint Registrar of Co-op. Societies, Karur Region, 55, Additional Building, Collectorate, Thanthonimlai, Karur - 639 007.

2.Mr.K.Murugesan, Special Officer, No.YK.124, Karur Primary Co-operative Agricultural and Rural Development Bank Ltd., No.48/A/5C, Opp. to Panchayat Union Office, Thanthonimalai, Karur - 639 005.

+1 CC to M/s.P.SUBBARAJ, Advocate ( SR-88639[F] dated 23/09/2019 20.09.2019 RSP MS/03.10.2019/3P.4C 3/3