Madras High Court
P.V.Mahadevan vs Karthikeyan on 25 October, 2024
Cont.P. No. 509 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM
THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR
Cont.P. No.509 of 2021
P.V.Mahadevan .. Petitioner
Vs.
1.Karthikeyan,
The Secretary to Government,
Housing and Urban Development
Department,
Secretariat,
Fort St. George,
Chennai 600 009.
2.B.Murugesh,
The Managing Director,
Tamil Nadu Housing Board,
No.493, Anna Salai,
Nandanam,
Chennai 600 035. .. Respondents
Prayer: Contempt petition filed under Section 11 of Contempt of Court Act,
1971, to initiate appropriate contempt proceedings against the respondents 1
to 3 herein for their wilful disobedience of the order dated 28.07.2011 made
in W.P.No.12716 of 2010, of this Hon'ble Court culminated in the Hon'ble
Apex Curt order made in Civil Appeal No.840 of 2017 dated 23.01.2017
under Section 11 of the Contempt of Courts Act, 1971 and consequently in
the event of holding the respondents guilty, punish them under Section o12
1/6
https://www.mhc.tn.gov.in/judis
Cont.P. No. 509 of 2021
of the Contempt of Court Act 1971 besides issue direction to the
respondents 1 to 3 herein to enforce the impugned judgments in its full as
guided by the Hon'ble Apex Court in its judgment reported in AIR 1990
SCC 464, and as directed in 2000(2) SLR 399.
For Petitioner : Mr.S.Rajendra Kumar
For R1 : Mr.VAdivelu Deenadayalan
Additional Government Pleader.
For R2 : Mr.V.Logesh
ORDER
This contempt petition has been filed alleging violation of the order
dated 28.07.2011 passed in W.P.No.12716 of 2010 as modified by the
Hon'ble Apex Court in Civil Appeal No.840 of 2017 by an order dated
23.01.2017.
2. This Court, while disposing of W.P.No.12716 of 2010 by an
order dated 28.07.2011 passed the following order:
“In view of the aforesaid reasons, this Court is
constrained to set aside the impugned order and
accordingly, the impugned order dated 22.09.2006
passed by the second respondent herein in Letter No.PT-
1/10265/2001 is hereby set aside. Consequently, the
https://www.mhc.tn.gov.in/judis
second respondent herein is directed to pay interest at
the rate of 18% per annum for the delayed disbursement
of retrial to the petitioner. It is made clear that the said
exercise shall be completed within a period of eight
weeks from the date of receipt of a copy of this order.”
3. The rate of interest awarded at the rate of 18% of the above
order was subsequently stood modified by virtue of Hon'ble Apex Court
awarding rate of interest at the rate of 12%. It is pursuant to the said order,
the respondents have paid certain amounts to the petitioner. However, a
dispute arose on the quantum of amount paid, there is discrepancy itself
between the amounts calculated by the petitioner and the amounts calculated
by the respondents.
4. During the pendency of this contempt petition, this Court, by an
order dated 20.07.2023, directed the Registry of this Court to calculate the
amounts due and payable to the petitioner in terms of the order passed by
this Court as modified by the Hon'ble Apex Court. In terms of the said
order, the Registry of this Court calculated the amounts and came to the
conclusion that the petitioner in all is entitled for a sum of Rs.56,44,771/-
and the details of the said amounts are as under:
https://www.mhc.tn.gov.in/judis
SI.No. Description Payable Amount
1 DCRG 10,73,516.00
2 Commutation 19,83,937.00
3 Encashment on Earned Leave 7,40,717.00
4 Pay Commission Arrear 1 11,08,837.00
5 Pay Commission Arrear 2 7,37,764.00
Total 56,44,771.00
Out of the said amount of Rs.56,44,771/-, the 2nd respondent has already
paid an amount of Rs.50,80,294/- and the balance amount is stated to have
been deducted towards income Tax Deducted at Source (TDS) and the same
was also remitted to the relevant account of the petitioner.
5. Though the dispute is sought to be raised on the quantum of
amount arrived at by the Registry, there is nothing substantial material
placed on record to dispute the amount calculated by the Registry. In the
absence of any material placed before this Court to dispute the quantum of
amount calculated by the Registry, this Court is not inclined to go further
deep into the matter in this contempt petition. Accordingly, taking into
consideration that the respondents have, in all, paid the amount of
Rs.56,44,771/- as calculated by this Court, including TDS, this Court is not
inclined to continue this contempt proceedings in further.
https://www.mhc.tn.gov.in/judis
6. Accordingly, this contempt petition is closed. However, if the
petitioner is aggrieved by the said quantum and intends to dispute the same,
it is open for the petitioner to agitate the same independently by initiating
appropriate proceedings in accordance with law.
25.10.2024
Index : Yes / No
Internet : Yes / No
dpa
https://www.mhc.tn.gov.in/judis
MUMMINENI SUDHEER KUMAR ,J.
dpa
25.10.2024
https://www.mhc.tn.gov.in/judis
