N. Kannan v. N. S. Palaniappan The Secretary to Government, Public Works Department, St. George Fort, Secretariat, Chennai
2016-01-25
K.RAVICHANDRABAABU
body2016
DigiLaw.ai
ORDER : 1. This Contempt Petition is filed complaining that the interim order passed in the petition in M.P. (MD) No.1 of 2013 in W.P. (MD) No.17152 of 2013 dated 16.07.2015 has not been complied with. 2. By way of the said interim order, the learned Single Judge directed the 4th and 5th respondents in the writ petition to pay the balance amount of Rs.3,10,954/- within a period four weeks. The said order was challenged in the W.A. (MD) No.940 of 2015, which also came to be dismissed on 10.09.2015. Even after the dismissal of the writ appeal, the said amount has not been paid to the petitioner. Hence, the present contempt petition is filed. 3. Heard both sides. 4. Mr.D.Shanmugaraja Sethupathi, learned counsel appearing for the petitioner reiterated the contention raised in the contempt petition and submitted that there is a willful disobedience. 5. On the other hand, the learned Additional Government Pleader appearing for the respondent/contemnor submitted that the said amount of Rs.3,10,954/- is not the admitted amount and on the other hand, the same is disputed by the respondents and unless and until such issue is decided in the main writ petition, the respondents cannot be stated to have willfully disobeyed the order. He further submitted that there is no willful intention on the part of the respondents to disobey the order and on the other hand, there is some difficulty in complying with the order, in view of the stand taken by the department in the writ petition with regard to the said amount, which is yet to be adjudicated upon. He further submitted that once the amount is paid to the petitioner, it would be difficult for them to recover the same, if they succeed in the writ petition. 6. It is true that this Court has passed an order directing the respondents 4 and 5 therein to pay a sum of Rs.3,10,954/-. Whether the petitioner is entitled to such sum or not is to be finally decided in the main writ petition.
6. It is true that this Court has passed an order directing the respondents 4 and 5 therein to pay a sum of Rs.3,10,954/-. Whether the petitioner is entitled to such sum or not is to be finally decided in the main writ petition. Therefore, in order to safeguard the interest of the both parties, this Court is of the view that the contempt petition may be closed by directing the respondents 4 and 5 to deposit the said amount of Rs.3,10,954/- to the credit of this Court in the writ petition, within a period of two weeks from the date of receipt of a copy of this order. If the petitioner succeeds in the writ petition, he is entitled to get the amount so deposited. On the other hand, if the respondents succeed, they are entitled to take back the amount from this Court. 7. Accordingly, this Contempt Petition is closed and the main writ petition is directed to be listed for final disposal on 22.02.2016. No costs.