[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.A.Mujibur Rahman, learned counsel appearing for the appellant and Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for the respondents.
2. This Contempt Appeal has been filed against the imposition of cost of Rs.5,000/- on the appellant, who was a Sweeper. The Court imposed the cost on the ground that it is not permissible to reopen the contempt petition alleging further disobedience.
3. The learned Counsel for the appellant / contempt petitioner would state that the Writ Court order was not fully complied with by the respondents. Therefore, contempt petition was filed wherein statutory notice was issued. After issuance of statutory notice, there was a partial compliance, but monthly pension was not released. Therefore, after the contempt was closed, the appellant / petitioner moved a sub-application to re-open the contempt because the order passed in the writ petition was not fully complied with. The Single Bench observing that merely because the appellant / petitioner was not given the monthly pension pursuant to the order passed by the respondents, it does not constitute contempt for him to reopen the contempt petition, dismissed the sub application and imposed a cost of Rs.5,000/-.
4. The learned Counsel for the appellant would state that during the pendency of these proceedings, monthly pension was released. Thus, considering the fact that the appellant is a retired sweeper, we dispose of this appeal by deleting the cost, which was imposed on the appellant.
5. Accordingly, the contempt appeal stands closed. No costs.
To
1.Mr.T.Rathinavel The Director of Local Fund Audit, Kuralagam, 4th Floor, Chennai ? 600108.
2.Mr.K.Magarapusanam, The Director of Town Panchayat, Directorate of Town Panchayat, Kuralagam, 4th Floor, Chennai ? 600108.
3.Mr.Veean, The Executive Officer, Town Panchayat, R.S.Mangalam-623525, Ramnad District..