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Madras High CourtCONT P(MD)/1337/2019closed

P.Padmanaba Pillai v. P.Thiruvampalam Pillai

2021-03-02Honourable Mr Justice R. Subramanian2 pages

Cont.P.(MD)No.1337 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Cont.P.(MD)No.1337 of 2019 P.Padmanaba Pillai ... Petitioner/Petitioner versus

1. P.Thiruvampalam Pillai, Managing Director, Madurai Division, Tamil Nadu State Transport Corporation, Bye-Pass Road, Madurai - 625 010.

presently having office at The Managing Director, Tamil Nadu State Transport Corporation, KTC Nagar, Palayamkottai, Tirunelveli - 627 011.

2. Bama Administrator (In-charge) Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2 ... Contemnors 1&2/Respondents 3&2 (2nd Respondent was impleaded in Sub A(MD)No.266/19, vide Court order dated 01.11.2019) Contempt Petition filed under Section 11 of Contempt of Courts Act 1971, to punish the respondents for their willful disobedience of the order passed by this Court in W.P.(MD)No.8671 of 2015 dated 13.12.2018.

Prayer in WP(MD)No.8671/2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Ka.No.0606/Mahavai3/ Tha. A.Po.Ka.(Thili)/2003, dated .05.2014 on the file of the respondent No.4 and quash the same as illegal and consequently to direct the respondents to provide the retirement benefits including pension to the petiti8oner with all service and monetary benefits within time stipulated by this Court. For Petitioner : Mr.T.Lajapathy Roy For Respondents : Mr.K.Sathiyasingh for R1 Mr.A.Swaminathan for R2 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P.(MD)No.1337 of 2019

ORDER

It is stated by the learned counsel for the first respondent that the entire amount of pension has been paid over after deducting certain amount towards TDS.

2. The learned counsel appearing for the petitioner would submit that the petitioner is not liable to pay income tax and therefore, the deduction source is not correct.

3. It is open to the petitioner to file assessment and seek refund from the Income Tax Department.

4. In view of the above, the Contempt Petition is closed. Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS-) To

1. P.Thiruvampalam Pillai, Managing Director, Madurai Division, Tamil Nadu State Transport Corporation, Bye-Pass Road, Madurai - 625 010.

presently having office at The Managing Director, Tamil Nadu State Transport Corporation, KTC Nagar, Palayamkottai, Tirunelveli - 627 011.

2. Bama Administrator (In-charge) Tamil Nadu State Transport Corporation Employees Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai - 2.

+1 CC to Mr.T.LAJAPATHI ROY, Advocate (SR-8364[F] dated 03/03/2021) +1 CC to Mr.K.SATHIYA SINGH, Advocate (SR-8641[F] dated 04/03/2021) OGY TE : 12/03/2021 : 2P/5C Cont.P.(MD)No.1337 of 2019 02.03.2021 https://hcservices.ecourts.gov.in/hcservices/ 2/2