Madras High Court
S.Mariyappan vs Mr.C.Dinesh Kumar on 11 March, 2025
Contempt Petition (MD)No.829 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
Contempt Petition (MD)No.829 of 2023
In
W.P.(MD)No.13464 of 2022
S.Mariyappan,
S/o.S.Sambasivam,
No.81, Shanthi Vinayagar Lane,
1st Gate, Thoothukudi District,
Thoothukudi – 628 002. Petitioner/Petitioner
Vs
Mr.C.Dinesh Kumar,
The Commissioner,
Thoothukudi City Municipal Corporation,
Thoothukudi,
Thoothukudi District. Contemnor/2nd Respondent
PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts
Act, 1971, to punish the Contemnor/2 nd Respondent for willfully disobeying and
not complying with the order passed by this Court in W.P(MD)No.13464 of
2022, dated 29.06.2022.
For Petitioner : Mr.S.Louis
For Respondent : Mr.N.Ananda Kumar
Standing Counsel
1/6
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Contempt Petition (MD)No.829 of 2023
ORDER
This is a petition seeking initiation of contempt proceedings against the
Respondents for violation of the order, dated 29.06.2022 passed by this Court
in W.P.(MD)No.13464 of 2022.
2. Heard Mr.S.Louis, learned counsel for the Petitioner and
Mr.N.Ananda Kumar, learned Standing Counsel for the Respondent.
3. Mr.S.Louis, learned counsel for the petitioner, submits that the
Petitioner had given a representation to the Respondent on 24.04.2021 seeking
for payment of arrears of interest for the subscription amount deducted from the
salary of the Petitioner towards the General Provident Fund while in service
along with Dearness Allowance Arrears and the Vth Pay Commission Arrears
and Revised Pay Commission Arrears. Since no action was taken by the
Respondents to consider the representation, the Petitioner filed a Writ Petition
in W.P.(MD)No.13464 of 2022. The learned Single Judge of this Court
disposed of the aforementioned Writ Petition vide order dated 29.06.2022. For
better appreciation, the relevant portion of the order is reproduced below:
“4. In the light of the above observations, there shall be
a direction to the second respondent herein to consider the
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Contempt Petition (MD)No.829 of 2023
petitioner's representation dated 24.04.2021 on its own
merits and pass appropriate orders in accordance with law,
within a period of twelve (12) weeks from the date of receipt
of a copy of this order. It is made clear that this Court has not
expressed any of its views with regard to the merits of the
claim of the petitioner and that it is open to the concerned
respondent to consider the same on its own merits.
5. With the above direction, the Writ Petition stands
disposed of. There shall be no order as to costs.”
4. The learned counsel for the Petitioner submits that, in compliance with
this Court's order, the Petitioner has submitted representations dated
13.08.2022 and 20.11.2022, accompanied by a copy of the judgment and order
passed by this Court on 29.06.2022 in W.P.(MD)No.13464 of 2022, to the
Respondent. A copy of the acknowledgement receipt is also annexed to the
paper book of the petition.
5. The learned counsel for the Petitioner further submits that despite the
judgment and order passed by this Court dated 29.06.2022 in W.P.(MD)No.
13464 of 2022, the Respondent has not complied with the directions of this
Court and they have wilfully and deliberately flouting the orders passed by this
Court. Thus, the learned counsel submits that the Respondent has committed
fraud upon this Court and are in contempt. He also submits that the
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Contempt Petition (MD)No.829 of 2023
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.
6. Today, when the matter was taken up for hearing, Mr.N.Ananda Kumar,
the learned Standing Counsel for the Respondent, produced an order dated
09.12.2024, passed by the Assistant Commissioner, Thoothukudi City
Municipal Corporation, along with a compliance affidavit. He submits that the
Respondent had considered the Petitioner's grievances as per his
representation and paid a sum of Rs. 51,926/- (Rupees Fifty One Thousand
Nine Hundred and Twenty Six only) to the Petitioner. Thus, the Respondent has
complied with the Court's order dated 29.06.2022 in W.P.(MD)No.13464 of
2022 by paying the amount due to the Petitioner. A copy of the said order has
been taken on record and furnished to the learned counsel for the Petitioner.
Therefore, he prays that the Respondent be discharged from the contempt
proceedings.
7. The learned counsel for the Petitioner submits that the Petitioner has
received a sum of Rs.51,926/- (Rupees Fifty One Thousand Nine Hundred and
Twenty Six only) fulfilling the direction issued by this Court vide judgment and
order dated 29.06.2022 in W.P.(MD)No.13464 of 2022. He has also received
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Contempt Petition (MD)No.829 of 2023
the copy of the order dated 09.12.2024. He further states that he has no
objection to the Respondent being discharged from the contempt proceedings.
8. Considering the submissions made by the learned counsel for the
Petitioner and the learned Standing Counsel for the Respondent, and upon
perusal of the order passed by the Respondent dated 09.12.2024 along with
the compliance affidavit, this Court is satisfied that the Respondent has fully
complied with the judgment and order of this Court dated 29.06.2022 passed in
W.P.(MD)No.13464 of 2022. In view of the same, this Court deems it
appropriate that no useful purpose would be served by keeping the contempt
proceedings pending. Therefore, the Respondent is discharged from the
contempt proceedings at this stage.
9. In view of the above, the Contempt Petition is disposed of. The file
shall be consigned to record. There shall be no order as to costs.
11.03.2025
NCC:yes/no
Index:yes/no
Internet:yes/no
Nsr
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Contempt Petition (MD)No.829 of 2023
SHAMIM AHMED, J.
Nsr
To:
The Commissioner,
Thoothukudi City Municipal Corporation,
Thoothukudi,
Thoothukudi District.
Contempt Petition (MD)No.829 of 2023
11.03.2025
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