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P.Suriyan vs Ganesan
2025 Latest Caselaw 3682 Mad

Citation : 2025 Latest Caselaw 3682 Mad
Judgement Date : 7 March, 2025

Madras High Court

P.Suriyan vs Ganesan on 7 March, 2025

                                                                                       CONT.P(MD)No.1492 of 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 07.03.2025

                                                        CORAM

                                  THE HONOURABLE MR.JUSTICE SHAMIM AHMED

                                          CONT.P(MD) No.1492 of 2023

                     P.Suriyan                                                        ... Petitioner

                                                             vs.
                     1.Ganesan
                       The General Manager,
                       Tamil Nadu State Transport Corporation (Madurai) Ltd.,
                       Dindigul Region,
                       Bye-pass Road,
                       Dindigul.

                     2.K.Bama,
                       The Administrator,
                       The Tamil Nadu State Transport Corporation Pension Fund Trust,
                       Thiruvalluvar Illam,
                       Pallavan Salai,
                       Chennai 600 002.                             ... Respondents

                     PRAYER: Contempt Petition filed under Section 11 of the Contempt of
                     Court to commit and punish the contemnor/respondent for wilfully
                     disobeying and non complying with the order dated 13.06.2022 in W.P.
                     (MD) No.11484 of 2022.




                     1/7

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                                                                                              CONT.P(MD)No.1492 of 2023

                                         For Petitioner        :Mr.G.M.Xavier

                                         For Respondents :Mr.S.C.Herold Singh
                                                               Standing Counsel

                                                              ORDER

This Contempt Petition has been filed to punish the

contemnors/respondents for wilfully disobeying and not complying with

the order of this Court passed in W.P(MD) No.11484 of 2022, dated

13.06.2022.

2. Heard Mr.G.M.Xavier, learned counsel for the petitioner and

Mr.S.C.Herold Singh, learned Standing Counsel for the respondents.

3. The short facts of case, led to filing of the Writ Petition bearing

W.P.(MD) No.11484 of 2022, are as follows:-

The petitioner is a retired employee of the respondent Transport

Corporation. The petitioner retired from service on 28.02.2018. The

respondents have settled the retirement benefits to the petitioner only in

https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2025 05:08:40 pm )

the month of November, 2018. Hence, the petitioner has filed the

aforesaid writ petition seeking for a Writ of Mandamus directing the

respondents to pay 6% interest on the delayed payment of retirement

benefits paid to the petitioner.

4. This Court, vide judgment and order dated 13.06.2022, had

disposed of the said writ petition with the following directions:-

“7. In this background, there shall be a direction to the respondents to pay the interest to the petitioner at the rate of 6% per annum on the belated payment of the retirement benefits commencing from the date of retirement till the date of actual disbursement, within a period of three months from the date of receipt of a copy of this order.”

5. The learned counsel for the petitioner submits that the order

passed by this Court in W.P.(MD) No.11484 of 2022 dated 13.06.2022

had not been complied with. Thus, the respondents/contemnors have

https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2025 05:08:40 pm )

wilfully and deliberately flouted the order passed by this Court and are in

contempt of the order of this Court dated 13.06.2022. Thus, they 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.C.Herold Singh,

learned Standing Counsel for the respondents submits that the direction

issued by this Court, vide order dated 13.06.2022, in W.P.(MD) No.11484

of 2022 has been fully complied with and the entire payment along with

6% interest on the delayed payment of retirement benefits has already

been paid to the petitioner and no amount is due to the petitioner. Thus,

he submits that the respondents may be discharged from the present

contempt proceedings, as the judgment and order of this Court in W.P.

(MD) No.11484 of 2022, dated 13.06.2022 has been fully complied with

by the respondents.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2025 05:08:40 pm )

7. Mr.G.M.Xavier, learned Counsel for the petitioner submits that

the respondents may be discharged from the contempt proceedings, as

his client has received the entire payment as per the direction issued by

this Court in W.P.(MD) No.11484 of 2022, dated 13.06.2022 and no

amount is due to the petitioner. Thus, he submits that he has no objection

if the respondents are discharged from the present contempt proceedings

and the contempt petition may also be disposed of.

8. Accordingly, in view of the submissions made by the learned

counsels for the parties and after perusal of the records, this Court

satisfied that the direction issued by this Court in W.P.(MD) No.11484 of

2022, dated 13.06.2022 has been fully complied with by the respondents

and no useful purpose will be served in continuing the present contempt

proceedings against the respondents.

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9. Accordingly, the Contempt Petition is finally disposed of and the

respondents are discharged from the present contempt proceedings. No

costs. The file is consigned to record.

                     Index              :Yes / No                                             07.03.2025
                     Internet           :Yes / No
                     NCC                :Yes / No

                     mm

                     To

                     1.The General Manager,

Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region, Bye-pass Road, Dindigul.

2.The Administrator, The Tamil Nadu State Transport Corporation Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, Chennai 600 002.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2025 05:08:40 pm )

SHAMIM AHMED, J.

mm

07.03.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2025 05:08:40 pm )

 
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