Contempt petition filed for non-compliance with an order to deposit compensation. Court held that since the compensation was deposited (deducting TDS), the order was complied with and the petition was closed.
Contempt petition closed as the order of depositing the compensation was complied with.
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Cont. P.No.98 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2019
CORAM:
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
Cont. P.No.98 of 2019 N. Shanmugam ... Petitioner Vs. Mr. K.A.Periyasamy, The Executive Engineer, Tamil Nadu Housing Board, Surampatti Nall Road, Erode. ... Respondent PRAYER : Petition filed under Section 11 of the Contempt of Courts Act 1972 to punish the respondent for his willful disobedience and non compliance of the orders of this Court made in W.P.No.26136 of 2018, dated 05.10.2018 under the provisions of Contempt of Courts Act. For Petitioner : Mr. C.Prakasam For Respondent : Mr. D.Raja, AGP for RDO in W.P : Mr. I.Satish, AGP for TNHB ORDER This Court, by an order dated 05.10.2018 in W.P.No.26136 of 2018 directed the third respondent therein to deposit the compensation to the credit of the second
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Cont. P.No.98 of 2019
respondent therein within a period of four weeks and on
receipt of the said amount, the second respondent was directed to disburse the compensation to the petitioner
within two weeks thereafter. Since the order has not been complied with, the present Contempt Petition has been filed.
is not an income tax assessee. In the above circumstances,
no TDS amount shall be deducted in the compensation.
deposit the compensation amount. If at all there is any
dispute regarding the deduction of TDS amount, it is open to the petitioner to challenge the same in the manner known to law. It can not be adjudicated in the Contempt Petition.
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Cont. P.No.98 of 2019
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1 issue framed by the court
Whether the contempt petition should be closed once the order regarding compensation deposit has been complied with.
2 provisions across 2 enactments
N. Shanmugam
Mr. K.A.Periyasamy
V. Bharathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
