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Madras High CourtCONT P(MD)/1873/2021closed

Santhi v. A.Shanmugasundaram

2022-01-28Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Santhi ... Petitioner/ Petitioner versus

1. Thiru A.Shanmugasundaram The Registrar of Co-operative Societies, No.107, EVR, Periyar High Road, Kilpauk, Chennai.

2. Mrs.Tamil Nangai The Joint Director of Co-operative Societies, Thanjavur.

3. Miss.Atchaya Priya The Deputy Registrar of Co-operative Societies, Sarangapani Sannathi Street, Kumbakonam, Thanjavur District.

4. Mrs.Anusiya, The Managing Director, Kumbokonam Co-operative Union Bank Limited, Kumbakonam, Thanjavur District.

...Contemnors/ Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for their willful disobedience of the order of this Court in W.P.(MD)No.6635 of 2021 dated 24.03.2021 Prayer in WP(MD). 6635/ 2021 :

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 4 to disburse petitioner husbands pending subsistence allowance for the period of 2014 to 2017 and other entitled monetary benefits along with retirement benefits of her husband namely Rajendran such as Rs.39,48,703/- based on the petitioners representation dt 10.1.2020.

For Petitioner : Mr.A.Banumathi For Respondents : Mr.J.Ashok, Additional Government Pleader 1/3

ORDER

This Court, by order dated 24.03.2021, disposed of the writ petition with a direction to the respondents to consider the representation of the petitioner dated 10.01.2020 on its own merits and in accordance with law. The petitioner made the representation dated 10.01.2020 for disbursement of her retirement benefits.

2. Today, when the contempt petition is taken up for consideration, the learned Additional Government Pleader submits that pursuant to the order of this Court dated 24.03.2021, the petitioner's representation dated 10.01.2020 was considered and since the petitioner availed certain loan, after deducting the loan amount, the eligible amount was calculated as Rs.21,67,961/- and the same was also disbursed to the petitioner. Even thereafter, the petitioner is having a grievance that she is entitled for a sum of Rs.39,00,000/- and the balance amount has not been settled to her.

3. In the writ petition, this Court issued a direction to the respondents to consider the representation dated 10.01.2020 only and no positive direction has been issued to disburse the sum of Rs.39,00,000/- as claimed by the petitioner.

4. Recording the submission made by the learned Additional Government Pleader, the contempt petition is closed. It is always open to the petitioner to work out her remedy by way of filing a writ petition that she is eligible for more than the amount paid by the respondents. The respondents shall furnish a copy of the calculation made by them for disbursing the retirement benefits. No costs.

Sd/- Assistant Registrar (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) To

1. The Registrar of Co-operative Societies, No.107, EVR, Periyar High Road, Kilpauk, Chennai.

2. The Joint Director of Co-operative Societies, Thanjavur.

3. The Deputy Registrar of Co-operative Societies, Sarangapani Sannathi Street, Kumbakonam, Thanjavur District.

2/3

4. The Managing Director, Kumbokonam Co-operative Union Bank Limited, Kumbakonam, Thanjavur District.

+1 CC to M/s.SPL.GP ( SR-3151[F] dated 31/01/2022 ) 28.01.2022 ogy MS/28.03.2022/3P.6C 3/3