Karunaicheliyan v. Gunasekaran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI in WP(MD) No.5107 of 2020 Karunaicheliyan ... Petitioner Vs 1.Mr.Gunasekaran, The General Manager Tamil Nadu State Express Transport Corporation, Pallavansalai, Chennai.

2.Mr.C.Ventakesan, The Branch Manager Tamil Nadu State Express Transport Corporation, (Depo), Subramaniyapuram -Post, Tiruchirappalli-20.

...Contemnors/Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, praying this Court, to punish the Contemnor/Respondent for willfully disobeying and not complying with the order of this Court in W.P.(MD)No.5107 of 2020, dated. 12.12.2022 and thus, render justice.

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For Petitioner :Mr.S.M.Mohan Gandhi For Respondents :Mr.S.C.Herold Singh Standing Counsel

O R D E R

This contempt petition is filed that the order of this Court in W.P.(MD)No.5107 of 2020, dated.12.12.2022 has not been complied with.

2.Today(20.12.2024), when this contempt petition is taken up for hearing, the learned Standing Counsel appearing for the respondent Corporation submits that the order of this Court has been complied with and the representation of the petitioner, dated 27.11.2019 was considered and the eligible amount has been settled to this petitioner.

3.The learned Counsel appearing for the petitioner has disputed the same that the respondents have not settled the entire amount due to this petitioner and therefore, according to him, the order of this Court has not been complied with. 2/5

4.This Court considered the rival submissions made and also perused the order passed by this Court in WP(MD)No.5107 of 2020. This Court has disposed of the above writ petition as under: "3.The learned counsel for the petitioner would submit that this Court may issue a direction to the respondents to dispose of the petitioner's representation in terms of the I.D.No.90 of 2010, within a time limit.

4.Considering the facts and circumstances of the case, this Court directs the respondents to consider the petitioner's representation, dated 27.11.2019 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order."

5.Now, the respondents claim that the representation of this petitioner, dated 27.11.2019 has been considered and the eligible amount was already paid to him. The order of this Court itself was to consider the representation of the petitioner, dated 27.11.2019 and no specific positive direction has been granted to this petitioner. 3/5

6.In view of the above, this contempt petition is closed. If the petitioner is having any dispute with regard to the payment made by the respondent, he has to work out his remedy by filing a separate writ petition and not by prosecuting this contempt petition. 20.12.2024 Index:Yes/No Internet:Yes/No vrn To 1.Mr.Gunasekaran, The General Manager Tamil Nadu State Express Transport Corporation, Pallavansalai, Chennai.

2.Mr.C.Ventakesan, The Branch Manager Tamil Nadu State Express Transport Corporation, (Depo), Subramaniyapuram -Post, Tiruchirappalli-20.

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B.PUGALENDHI, J.

vrn Order made in in WP(MD) No.5107 of 2020 20.12.2024 5/5