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Madras High CourtCONT P(MD)/1762/2019closed

Annammal v. Girish Radhakrishnan

2020-02-21Honourable Mr Justice M.S. Ramesh2 pages

Cont.P(MD) No.1762 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2020 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH Contempt Petition(MD) No.1762 of 2019 in W.P.(MD) No.839 of 2016 and Sub Application (MD) No.14 of 2020 Annammal Petitioner Vs

1. Girish Radhakrishnan, The United India Insurance Co.Ltd., Divisional Office VI, 5th Floor, P.L.A.Rathna Towers, No.212, Annasalai, Chennai - 600 006.

2. A.P.Mahabarathi, The Commissioner of Treasuries and Accounts, 2nd Floor, Panagal Building, Jeenish Road, Saidapet, Chennai -15.

Contemnors/Respondents PRAYER: Contempt petition filed under Section 11 of the Contempt of Courts Act, praying to punish the contemnors/respondents for their wilful disobedience of the order of this Court in W.P.(MD) No.839 of 2016 dated 28.05.2019.

Prayer in WP(MD). 839/ 2016 :

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 records relating to the impugned order made by the 2nd respondent dated 9.11.2015 and quash the same as illegal and consequently direct the respondents 1 to 4 herein to pay Rs.3,24,661/- towards as medical expenses incurred by the petitioner for her husband within the time stipulated by this Honourable Court.

For Petitioner : Mr.M.Shema Daniel For Respondents : For R1 - Mr.A.Shajahan For R2 - Mr.M.Jeyakumar Additional Government Pleader

O R D E R

The learned counsel for the respondents submitted that the reimbursement amount of Rs.1,19,584/- has been disbursed to the petitioner. In order to verify the said submission, an opportunity was given to the petitioner on 24.01.2020.

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Cont.P(MD) No.1762 of 2019

2. When the matter called today, the learned counsel for the petitioner seeks further time to verify the payment made by the respondents. However, this court is of the view that since the respondents themselves have stated the entire amount has been disbursed, such a statement can be recorded and liberty also can be granted to the petitioner to work out her remedies, in accordance with law, if the amount settled is not in accordance with the directions of this Court.

3. In the light of the above observations, the submission of the respondent counsel that the entire reimbursement amount has been disbursed to the petitioner is hereby recorded and liberty is granted to the petitioner to challenge such disbursement in accordance with law. As such, there is no disobedience of the order of this Court, which could be termed as willful. Hence, this Contempt Petition is closed. In view of the order passed in main Contempt petition, Sub Application (MD) No.14 of 2020 is also closed.

Sd/- Assistant Registrar (AD I) // True Copy // / /2020 Sub Assistant Registrar(CS) vrn To

1. The United India Insurance Co.Ltd., Divisional Office VI, 5th Floor, P.L.A.Rathna Towers, No.212, Annasalai, Chennai - 600 006.

2. The Commissioner of Treasuries and Accounts, 2nd Floor, Panagal Building, Jeenish Road, Saidapet, Chennai -15.

+1 CC to M/s.A.SHAJAHAN, Advocate ( SR-7639[F] dated 21/02/2020 ) +1 CC to M/s.SPL.GP ( SR-7810[F] dated 24/02/2020 ) +1 CC to M/s.M.SHEMA DANIEL, Advocate ( SR-7891[F] dated 24/02/2020 Contempt Petition(MD) No.1762 of 2019 in W.P.(MD) No.839 of 2016 and Sub Application (MD) No.14 of 2020 21.02.2020 KK/11.03.2020/ 2P- 6C https://hcservices.ecourts.gov.in/hcservices/