V.Purushothaman v. Ramesh Pandian

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Contempt Petition(MD)No.742 of 2016 V.Purushothaman ... Petitioner vs.

1)Mr.Ramesh Pandian, Special Officer, Madurai District Cooperative Agro Services Society Ltd., A-3074, Koodal Nagar, Madurai-625 018.

2)Mr.Thiraviyam, Chairman, Madurai District Cooperative Agro Services Society Ltd., A-3074, Koodal Nagar, Madurai-625 018.

... Respondents Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for the disobedience of the orders of this Honourable Court made in WP(MD)No.20848/2015 dated 25.11.2015 and direct the Respondents to obey the order in WP. (MD).No.20848/2015 passed by the Hon'ble High Court. Prayer in WP(MD). 20848/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents to settle all the retirement benefits to the Petitioner as requested by the Petitioner in his representation dated 31.07.2015 within the time frame a fixed by this Court.

For Petitioner : Mr.N.Madhava Govindan For Respondent : Mr.G.Guna

ORDER

This Court by the order dated 25.11.2015, directed the 1st respondent herein to consider and pass orders on the representation of the petitioner dated 31.07.2015, seeking to pay him the salary dues and terminal benefits, within a period of eight weeks from the date of receipt of a copy of the order. https://hcservices.ecourts.gov.in/hcservices/

2.Contending that the conduct exhibited by the respondents amounted to willfull disobedience to the order passed by this Court, this Contempt Petition has been filed. 3.The 2nd respondent by order dated 16.06.2016, has intimated the petitioner that financial position of the society is not solvent and the society has to take steps to sell the property to an extent of 1.57 acres to settle the retirement dues. It is also represented that earnest steps are being taken to sell the property and to settle the retirement dues. Hence, it is always open to the petitioner to take steps for attachment and sale of the property to get the retirement dues and the question of contempt does not arise, as the respondents are taking earnest steps to obey the orders of this Court.

4.Under such circumstances, granting liberty to the petitioner to take further steps, this Contempt Petition is closed. Sd/- Assistant Registrar(Co) /True copy/ Sub Assistant Registrar To 1)Mr.Ramesh Pandian, Special Officer, Madurai District Cooperative Agro Services Society Ltd., A-3074, Koodal Nagar, Madurai-625 018.

2)Mr.Thiraviyam, Chairman, Madurai District Cooperative Agro Services Society Ltd., A-3074, Koodal Nagar, Madurai-625 018.

+1cc to special Government Pleader SR.No.52869 +1cc to M/s.N.Madhavagovindan, Advocate SR.No.52660 nbi sm:AAl-MPA:06/10/2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/ Cont.P(MD)No.742 of 2016 15.09.2016