Sub-application by the second contemnor sought dispensation of personal appearance and closure of the contempt petition concerning non-payment of retirement benefits. The court noted that proposals for commutation, gratuity and pension were pending with the Accountant General and allowed the dispensation petition.
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CONT P(MD)No.1558 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Wednesday, the Sixteenth day of October Two Thousand and Twenty Four
PRESENT
The Hon`ble Mrs.Justice L. VICTORIA GOWRI
SUB A.(MD)Nos.273 of 2024 in CONT P(MD)No.1558 of 2024
C.SELVI .THAMIL NANGAI
THE REGIONAL JOINT REGISTRAR OF CO OPERATIVE SOCIETIES, THANJAVUR REGION,
THANJAVUR DISTRICT. ... PETITIONER/2nd CONTEMNOR/2nd RESPONDENT
Vs
1 K.SADAIYAPPAN ... 1st RESPONDENT/PETITIONER/WRIT PETITIONER
2 N.SUBBAIYAN REGISTRAR OF CO OPERATIVE SOCIETIES, NO. 170, N.V.NATARAJAN MALAIGAI, PERIYER EVR HIGH ROAD, KILPAUK, CHENNAI 612 001.
3 SUKI. SWAMINATHAN, DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES, PATTUKOTTAI, THANJAVUR DISTRICT.
4 A.MADHAVAMANI THE MANAGING DIRECTOR CO OPERATIVE URBAN BANK, PATTUKOTTAI & TALUK,
THANJAVUR DISTRICT. ... RESPONDENTS 2,3 & 4/CONTEMNORS 1,3,4/ RESPONDENTS 1,3 & 4
1/4
CONT P(MD)No.1558 of 2024
Sub Application Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to dispense with the personal appearance of the petitioner / 2nd contemnor as directed by the Honourable High Court by common order dated 27-09-2024 in Cont.Pet.(MD). No.1558 of 2024 and also close the above contempt petition and also purge me from contempt proceeding.
Prayer in CONT P(MD). 1558/ 2024 :
Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for his willful and wanton disobedience of the order passed by this Honourable Court in WP(MD). 16786 of 2023 dated 27.09.2023 under the Contempt of Courts Act.
Prayer in WP(MD). 16786/ 2023 :
Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order issued by the 2nd respondent in Na.Ka.No. 4554/2022/KA dated 30.06.2022 and quash the same in so far as conditional retirement i.e. allowing the petitioner to retire from service without prejudice to pending surcharge proceedings in Na.Ka.No. 1214/2019 Sa Pa dated 30.05.2019 and consequently directing the respondents to pay the Death Cum Retirement benefits encashment of earned leave and other monetary benefits more fully regular pension within the time stipulated by this Court.
ORDER : This Sub Application Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.P.VEERA KATHIRAVAN, Additional Advocate General assisted by Mr.P.T.THIRAVIYAM, Government Advocate on behalf of the petitioner and of Mr.C.JEGANATHAN, Advocate on behalf of the 1st Respondent, the court made the following order:-
The proposal with regard to the commutation, gratuity and pension, had
already been sent from the office of the Joint Registrar of Co-operative Societies,
Thanjavur, to the Accountant General Office and the same is pending before the https://www.mhc.tn.gov.in/judis
2/4
CONT P(MD)No.1558 of 2024
Accountant General.
sd/-
16/10/2024
/ TRUE COPY /
/11/2024
Sub-Assistant Registrar ( C.S. I / II / III / IV )
Madurai Bench of Madras High Court,
Madurai - 625 023.
SML
TO
1 N.SUBBAIYAN
REGISTRAR OF CO OPERATIVE SOCIETIES, NO. 170, N.V.NATARAJAN MALAIGAI, PERIYER EVR HIGH ROAD, KILPAUK, CHENNAI 612 001.
2 SUKI. SWAMINATHAN, DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES, PATTUKOTTAI, THANJAVUR DISTRICT.
3 A.MADHAVAMANI THE MANAGING DIRECTOR CO OPERATIVE URBAN BANK, PATTUKOTTAI & TALUK, THANJAVUR DISTRICT.
4 C.SELVI .THAMIL NANGAI
THE REGIONAL JOINT REGISTRAR OF CO OPERATIVE SOCIETIES, THANJAVUR REGION, THANJAVUR DISTRICT.
3/4
CONT P(MD)No.1558 of 2024
ORDER IN SUB A.(MD)Nos.273 of 2024 in CONT P(MD)No.1558 of 2024 Date :16/10/2024
SS/SKN/SAR. /14.11.2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
4/4
1 issue framed by the court
Whether the personal appearance of the petitioner/2nd contemnor before the court in the contempt proceedings could be dispensed with.
1 provisions across 1 enactments
C.SELVI THAMIL NANGAI
K.SADAIYAPPAN
N.SUBBAIYAN
SUKI SWAMINATHAN
A.MADHAVAMANI
L. VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
