Madras High CourtCONT P(MD)/1678/2016closed

P.Vijayapandian,S/O A.Pothiraj v. Mr.R.Muthukrishnan

2017-07-18Honourable Mr Justice T.Raja3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2017 CORAM :

THE HON'BLE MR.JUSTICE T.RAJA Contempt Petition (MD) No.1678 of 2016 in W.P.(MD) No.20391 of 2016 P.Vijayapandian ... Petitioner/Petitioner -vs1. Mr.R.Muthukrishnan The Managing Director (In-Charge), Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai-10.

2. Mr.S.Baskaran, The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Virudhunagar Region, Virudhunagar.

3. Mr.A.Ravichandran, The Branch Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Srivilliputhur Branch, Virudhunagar.

4. Mr.C.Arumugam, The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

... Contemnors/Respondents Prayer: This contempt petition is filed under Section 11 of the Contempt of the Courts Act, 1971 praying to commit and punish the respondents for their wilful disobedience of the order passed by this Hon'ble Court in W.P.(MD) No.20391 of 2016 dated 24.10.2016. Prayer in WP(MD). 20391/ 2016 :

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 passed by the 2nd Respondent in Ref.No. Tha.Aa.Po.Ka./Virudhu/Nirvagam/A1/320/2016 Virudhunagar Region : Administrative Department dated 30.09.2016, quash the same as illegal and arbitrary and consequently direct the respondents to settle the petitioners terminal benefits including gratuity, commuted value of pension, provident fund, earned leave Salary,

Monthly pension, Social security Scheme amount, refund of the Contribution made to medical engineering and Polytechnic Colleges and Institute of road transport annum.

For Petitioner : Mr.A.Rahul For Respondents : Mr.A.P.Muthupandian ******

O R D E R

This contempt petition has been filed for punishing the respondents herein for committing contempt and wilful disobedience of the order passed by this Court in W.P.(MD) No.20391 of 2016 dated 24.10.2016.

2. When the matter was taken up for hearing, learned Standing Counsel appearing for the respondents/contemnors, by placing on record the proceedings of the 4th respondent dated 14.07.2017, submitted that the dues payable to the petitioner have been duly paid. He further submitted that pursuant to the statutory notice issued to the contemnors/respondents, Mr.V.Baskaran, General Manager / R2 and Mr.A.Ravichandran, Branch Manager / R3 are present before this Court. He also submitted that pursuant to the death of the father of the 1st contemnor on 17.07.2017, the 1st contemnor is unable to be present before this Court today and since the said information has been passed on to him today in the morning, necessary application could not be filed for dispensing with the presence of the 1st contemnor. Learned Standing Counsel for the respondents furthermore submitted that as the 4th respondent has to attend a meeting with the Accountant General today in Chennai, he has filed a petition on 17.07.2017, which is in SR stage for dispensation with his presence.

3. Mr.V.Baskaran, General Manager / 2nd Contemnor, who is present before this Court in person has made a statement that in future, there shall not be any default and the order of this Court will be strictly complied with in letter and spirit.

4. Considering the facts and circumstances of the case and also taking into account the fact that the order of this Court has been complied with and the same has also been conceded by the learned counsel for the petitioner, this Court is of the view that no further order is required to be passed in this petition. Hence, this contempt petition is closed and the contemnors are hereby discharged from the contempt proceedings.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar

To:

1. Mr.R.Muthukrishnan The Managing Director (In-Charge), Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye Pass Road, Madurai-10.

2. Mr.S.Baskaran, The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Virudhunagar Region, Virudhunagar.

3. Mr.A.Ravichandran, The Branch Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Srivilliputhur Branch, Virudhunagar.

4. Mr.C.Arumugam, The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai-2.

AM/RM JS/MR.KKR/SAR.4/7.8.2017/3P-5C Contempt Petition (MD) No.1678 of 2016 18.07.2017