Madras High Court
The Joint Registrar Of Co-Operative ... vs B.S.Venkatesan on 3 September, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A.No.2649 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.09.2024
CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.A.No.2649 of 2024
The Joint Registrar of Co-operative Societies,
Krishnagiri Region, Krishnagiri,
Krishnagiri District. .. Appellant
Vs
1.B.S.Venkatesan
2.The President,
D.K.80, Berigai Primary Agricultural
Cooperative Credit Society,
Sulagiri Road, Berigai-635 105,
Sulagiri Taluk,
Krishnagiri District. .. Respondents
Prayer: Appeal under Clause 15 of the Letters Patent against the
order dated 9.10.2023 passed by the learned Single Judge in
W.P.No.8801 of 2021.
For the Appellant : Mr.S.Yashwanth
Addl. Government Pleader
For the Respondents : Mrs.Hemalatha
for respondent No.1
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W.A.No.2649 of 2024
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
Questioning the legality of the order dated 9.10.2023 passed
by the learned Single Judge in W.P.No.8801 of 2021, directing the
appellant and the second respondent herein to pay subsistence
allowance to the first respondent herein [original writ petitioner],
the present writ appeal is filed.
2. Learned Additional Government Pleader appearing on behalf
of the appellant submits that, as per Proviso to Rule 30(4)(i) of the
Tamil Nadu Primary Agricultural Co-operative Credit Societies
Common Cadre Service Rules, 2019, a common cadre employee
under suspension shall not be entitled to subsistence allowance
unless such employee furnishes a certificate to the effect that
he/she is not engaged in any other employment, business,
profession or vocation or employment and had not earned
remuneration therefor during the period of suspension. The first
respondent is growing flowers and selling them in various cities and
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thus generating income from horticulture even as per his affidavit
filed in W.P.No.10313 of 2020, but the said fact was not considered
by the learned Single Judge while passing the impugned order.
3. Mrs.Hemalatha, learned counsel appearing on behalf of the
first respondent, submitted that alleging non-compliance of the
order passed by the learned Single Judge, the first respondent filed
Contempt Petition No.318 of 2024 before the learned Single Judge
and, in the said proceedings, the second respondent herein
appeared in person before the learned Single Judge and undertook
to transfer a sum of Rs.10 lakh on or before 12.6.2024 and pay the
balance amount within a period of three weeks thereafter. When
such an undertaking is given by the second respondent to comply
with the direction issued by the learned Single Judge, the present
writ appeal against the said order is liable to be dismissed outright.
4. We have heard learned counsel on either side and perused
the documents filed, including the order dated 10.6.2024 passed in
Contempt Petition No.318 of 2024.
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5. Before adverting to the merits of the contentions canvassed
on either side, it is seemly to refer to the order dated 10.6.2024
passed in Contempt Petition No.318 of 2024, which reads thus:
“Cheque dated 03.06.2024 issued by the second
respondent is returned by the banker without
permitting the petitioner to encash the same. The
second respondent, who is physically present
before this Court undertakes to transfer the
amount of Rs.10,00,000/- covered by the
cheque within a couple of days i.e., on or
before 12.06.2024 and also further undertakes
to pay the balance amount of subsistence
allowance due and payable to the petitioner
within a further period of three weeks.
2. In view of the undertaking given by the second
respondent, who is physically present before this
Court, the appearance of the second respondent is
dispensed with and he is granted three weeks time
for payment of the balance amount.
3. Post the matter on 01.07.2024 for “reporting
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compliance”. If the order is complied with, the
second respondent need not appear in person.
Otherwise the second respondent shall be present
before this Court in person.”
[emphasis supplied]
6. When the second respondent had given an undertaking to
comply with the order passed by the learned Single Judge and the
same has been recorded in the order, referred supra, the present
appeal at the instance of the first respondent in the writ petition to
circumvent the direction issued by the writ court and to cop-out on
the undertaking given in the contempt proceedings cannot be
countenanced.
7. In the light of the undertaking given by the second
respondent, which has been recorded in the order dated 10.6.2024
passed in Contempt Petition No.318 of 2024, we do not find any
reason to entertain the present writ appeal. The writ appeal is,
accordingly, dismissed. However, the grounds raised in the present
appeal are left open for determination on merits in an appropriate
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case. There shall be no order as to costs. Consequently,
C.M.P.No.19080 of 2024 is closed.
(D.K.K., ACJ.) (P.B.B., J.)
03.09.2024
Index : Yes/No
NC : Yes/No
sasi
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THE HON'BLE ACTING CHIEF JUSTICE
AND
P.B.BALAJI, J.
(sasi)
03.09.2024
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