Madras High Court
K.Asokan vs Thiru.Arumugam on 26 June, 2025
CONT.P(MD)No.1036 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.06.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CONT.P(MD) No.1036 of 2024
in
W.P.(MD) No.16465 of 2012
K.Asokan,
S/o.Karuppiah Thevar (Late),
No.222, Parvathi Street,
Nataraj Nagar, Opp to Fenner India Limited,
Madurai 625 016. ... Petitioner
vs.
Thiru.Arumugam,
Managing Director,
Tamil Nadu State Transport
Corporation (Madurai) Ltd.,
Bye pass Road,
Madurai 625 016. ... Respondent
PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court
to commit and punish the contemnor/respondent for his wilful disobedience of
the order passed by this Court in W.P.(MD) No.16465 of 2012, dated
18.02.2015.
For Petitioner :Mr.A.K.Thangavelu
For Respondent :Mr.S.Ramachandra Pradeep
Standing Counsel
1/6
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CONT.P(MD)No.1036 of 2024
ORDER
This Contempt Petition has been filed to punish the
contemnor/respondent for wilfully disobeying and not complying with the order
of this Court passed in W.P(MD) No.16465 of 2012, dated 18.02.2015.
2.Heard Mr.A.K.Thangavelu learned counsel for the petitioner and
Mr.S.Ramachandra Pradeep, learned Standing Counsel for the respondent.
3.This Court, vide judgment and order dated 18.02.2015, had disposed
of the said writ petition with the following directions:-
“11.For the above reasons, the writ petition is allowed and the
respondent is directed to pay 5th level review benefit to the petitioner
within a period of six weeks from the date of receipt of copy of this
order. No costs.”
4.The learned counsel for the petitioner submits that challenging the
judgment and order, dated 18.02.2015, the respondent has preferred an
appeal in W.A.(MD) No.793 of 2017, before this Court, which was dismissed
by the Hon'ble Division Bench of this Court, vide judgment and order, dated
06.03.2024.
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5.Thus, the learned counsel for the petitioner submits that in spite of
the dismissal of the Writ Appeal, the respondent has not complied with the
directions issued by this Court in W.P.(MD) No.16465 of 2012, dated
18.02.2015. Thus, being no other alternative, the present Contempt Petition
has been filed with the prayer that the respondent/contemnor has wilfully and
deliberately flouted the order passed by this Court and is in contempt of the
judgment and order of this Court dated 18.02.2015. Thus, the respondent
should be summoned and punished by exercising the powers under Sections
11 and 12 of the Contempt of Courts Act, 1971.
6.Today, when the matter is taken up, Mr.S.Ramachandra Pradeep
learned Standing Counsel for the respondent has produced a copy of the
order passed by the Assistant Manager (Legal), Madurai Region, dated
26.06.2025, in which it has been stated that the direction issued by this Court
in W.P.(MD) No.16465 of 2012, dated 18.02.2015 and in W.A.(MD) No.793 of
2017, dated 06.03.2024 has been fully complied with and the entire due
payable by respondent has already been paid to the petitioner. A copy of the
order dated 26.06.2025 has been produced before this Court, which is now
taken on record and a copy of the same has also been given to the learned
counsel for the petitioner. Thus, he submits that the respondent may be
discharged from the present contempt proceedings, as the judgment and
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order of this Court in W.P.(MD) No.16465 of 2012, dated 18.02.2015 has
been fully complied with, vide order dated 26.06.2025.
7.Mr.A.K.Thangavelu, learned Counsel for the petitioner submits that
he has received a copy of the order passed by the Assistant Manager (Legal),
Madurai Region, dated 26.06.2025 and he has no objection if the respondent
is discharged from the contempt proceedings, as the judgment and order of
this Court dated 18.02.2015 has been complied with and the petitioner has
also received the entire due payable by the respondent and there is no due
pending against the petitioner.
8.Accordingly, in view of the submissions made by the learned
counsels for the parties and the order passed by the Writ Court in W.P.(MD)
No.16465 of 2012, dated 18.02.2015 and the Appellate Court in W.A.(MD)
No.793 of 2017, dated 06.03.2024 and the order passed by the Assistant
Manager (Legal), Madurai Region, dated 26.06.2025 and also considering the
fact that the petitioner has already received the entire due payable by the
respondent and there is no due pending against the petitioner, this Court
satisfied that the direction issued by this Court in W.P.(MD) No.16465 of
2012, dated 18.02.2015 has been fully complied with by the respondent and
thus, no useful purpose will be served in continuing the present contempt
proceedings against the respondent.
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9. Accordingly, the Contempt Petition is finally disposed of and the
respondent is discharged from the present contempt proceedings. No costs.
The file is consigned to record.
Index :Yes / No 26.06.2025
Internet :Yes / No
mm
To
Managing Director,
Tamil Nadu State Transport
Corporation (Madurai) Ltd.,
Bye pass Road,
Madurai 625 016.
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SHAMIM AHMED, J.
mm
26.06.2025
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