S.Shanmugam, v. Thiruvalampillai,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Contempt Jurisdiction Friday, the Twenty Fourth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SUB A(MD). No.46 of 2023 in Cont.P(MD)No.55 of 2022 S.Shanmugam, ... Petitioner Vs 1 . Thiruvalampillai, The Managing Director Tamil Nadu State Transport Corporation (Madurai) Ltd.
Madurai Region Bye Pass Road Madurai.
2 . Elangovan, The General Manager Tamil Nadu State Transport Corporation (Madurai) Ltd.
Madurai Region Bye Pass Road Madurai.
... Respondents Prayer in sub.A(MD) No.46 of 2023 To Reopen the Cont.P.(MD).No.55/2022 in W.P.(MD).No.7794 of 2021 on file of this Honourable Court closed on 27.04.2022 and thus render justice.
Prayer in Con.P(MD)NNo.55 of 2022 Contempt Petition filed under Section 11 of the Contempt of Courts Act,1971 to punish the contemnor/respondent for wilfully disobeying and non complying with the order of this court dated 29.04.2021 in W.P.(MD)No.7794 of 2021.
Prayer in WP(MD)No.7794 of 2021 Writ Petition is filed under Article 226 of the Constitution of India,praying this court to issue a writ of Mandamus directing the 1st respondent to sanction the petitioner salary for a period of 33 months with reasonable rate of interest and retirement benefits more particularly monthly pension payable to the petitioner from the date of the petitioners superannuation based on the petitioners representation dt.13.01.2021 within a time frame as may be fixed by this Hon!ble court and pass such furthe or other orders as this Honble court
ORDER:- This Sub Application coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MrC.M.Xavier Advocate for the petitioner and of Mr.S.C.Herold Singh Advocate for the respondents, this Court made the following order: This Court vide order, dated 29.04.2021 in W.P(MD)No.7794 of 2021, issued a direction to the respondents to consider the representation of the petitioner, dated 13.01.2021 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of the order.
2. Alleging non-compliance of the order, dated 13.01.2021, the petitioner has filed a contempt petition in Cont.P(MD)No.55 of 2022. The said contempt petition was closed on the ground that the respondents filed a writ appeal in W.A(MD)No.392 of 2022 and the same is pending. However, subsequently, the writ appeal was disposed of, even then, the order of this Court was not implemented and hence, the petitioner has filed this Sub-Application to re-open the contempt petition.
3. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner, would submit that pursuant to the order passed by this Court, the petitioner's representation was considered and appropriate order was passed on 24.02.2023.
4. In view of the same, there is no willful disobedience and hence, this Sub-Application is closed.
Sd/- Assistant Registrar (CS I) // True Copy // /03/2023 Sub Assistant Registrar(CS) TO 1 . Thiruvalampillai, The Managing Director Tamil Nadu State Transport Corporation (Madurai) Ltd.
Madurai Region Bye Pass Road Madurai.
2 . Elangovan, The General Manager Tamil Nadu State Transport Corporation (Madurai) Ltd.
Madurai Region Bye Pass Road Madurai.
+1CC to M/s.S.C.Herold Singh,Advocate(SR.No.11068)
ORDER DATED : 24/02/2023 ==========================
ORDER
========================== SUB A(MD). No.46 of 2023 in Cont.P(MD)No.55 of 2022 Giving direction and etc.
as stated within.
MGJ(16.03.2023) 3P 4C