Madras High Court
V.Nagarajan vs Mr.Arumugam on 10 March, 2025
Contempt Petition (MD)No.2102 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
Contempt Petition (MD)No.2102 of 2024
In
W.P.(MD)No.11656 of 2022
V.Nagarajan,
S/o.N.Venkatasamy,
Foreman (Retd), Staff No.TS06645,
The Tamil Nadu State Transport Corporation (Madurai) Limited,
Residing at:
34, Officers Town,
1st Street, Anaiyur,
Madurai – 625 017. Petitioner/Petitioner
Vs
Mr.Arumugam,
The Managing Director,
The Tamil Nadu State Transport Corporation (Madurai) Limited,
Madurai. Contemnor/ Respondent
PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts
Act, 1971, to punish the Contemnor/Respondent for willfully disobeying and not
complying with the order passed by this Court in W.P(MD)No.11656 of 2022,
dated 15.06.2022.
For Petitioner : Mr.A.Rahul
For Respondent : Mr.S.Gladson Michael Rajadurai
Standing Counsel
1/6
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Contempt Petition (MD)No.2102 of 2024
ORDER
This is a petition seeking initiation of contempt proceedings against the
Respondents for violation of the order, dated 15.06.2022 passed by this Court
in W.P.(MD)No.11656 of 2022.
2. Heard Mr.A.Rahul, learned counsel for the Petitioner and
Mr.S.Gladson Michael Rajadurai, learned Standing Counsel for the
Respondents.
3. Mr.A.Rahul, learned counsel for the Petitioner, submits that the
Petitioner retired from service on 31.07.2018, but his terminal benefits were
settled belatedly. Aggrieved against the belated settlement of the terminal
benefits, the Petitioner filed a Writ Petition in W.P.(MD)No.11656 of 2022. The
learned Single Judge of this Court allowed the aforementioned writ petition vide
order dated 15.06.2022. For better appreciation, the relevant portion of the
order dated 15.06.2022 is reproduced below:
“7.In this background, there shall be a direction to the
respondent 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
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Contempt Petition (MD)No.2102 of 2024
of actual disbursement, within a period of three (3) months
from the date of receipt of a copy of this order.
8.This Writ Petition stands allowed in accordance with
the above terms. There shall be no order as to costs”.
4. The learned counsel for the Petitioner further submits that despite the
judgment and order passed by this Court dated 15.06.2022 in W.P.(MD)No.
11656 of 2022 , the Respondent has not complied with the directions of this
Court and they have wilfully and deliberately flouting the order passed by this
Court. Aggrieved over the same, the present Contempt Petition has been filed.
Thus, the learned counsel submits that the Respondent has committed fraud
upon this Court and are in contempt. He also submits that the Respondent may
be summoned before this Court and punished for committing contempt by
exercising the powers under Sections 11 and 12 of the Contempt of Courts Act,
1971.
5. Today, when the matter came up for hearing, Mr.S.Gladson Michael
Rajadurai, the learned Standing Counsel for the Respondent, submits that the
entire payment of Rs.1,12,635/- (Rupees One Lakh Twelve Thousand Six
Hundred and Thirty Five only) had been made to the Petitioner earlier, and the
remaining balance of Rs. 23,283/- (Twenty Three Thousand Two Hundred
Eighty Three only)was paid today into the Petitioner's account. Thus, the
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Contempt Petition (MD)No.2102 of 2024
Respondent has complied with this Court's order dated 15.06.2022 in
W.P.(MD)No.11656 of 2022 by paying the entire amount due to the Petitioner.
Therefore, he prays that the Respondent be discharged from the contempt
proceedings.
6. Mr.A.Rahul, the learned counsel for the petitioner, submits that the
petitioner has received the initial amount of Rs.1,12,635/- and the balance
amount of Rs. 23,283/- today, fulfilling the direction issued by this Court vide
order dated 15.06.2022 in W.P.(MD)No.11656 of 2022. He further states that
he has no objection to the Respondent being discharged from the contempt
proceedings.
7. In view of the submissions made by the learned counsel for the
Petitioner and the learned Standing Counsel for the Respondent as well as the
statement made by the learned counsel for the Petitioner that the Petitioner has
received the entire amount as per the direction issued by this Court dated
15.06.2022 passed in W.P.(MD)No.11656 of 2022, this Court deems it
appropriate that no useful purpose would be served by keeping the contempt
proceedings pending. Therefore, the Respondents are discharged from the
contempt proceedings.
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Contempt Petition (MD)No.2102 of 2024
8. In view of the above, the Contempt Petition is disposed of. The file
shall be consigned to record. No costs.
10.03.2025
NCC:yes/no
Index:yes/no
Internet:yes/no
Nsr
To:
The Managing Director,
The Tamil Nadu State Transport Corporation (Madurai) Limited,
Madurai.
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Contempt Petition (MD)No.2102 of 2024
SHAMIM AHMED, J.
Nsr
Contempt Petition (MD)No.2102 of 2024
10.03.2025
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