This Contempt Petition has been filed, alleging that the order of this Court in W.P.No.34990 of 2015, dated 30.06.2016 has been violated. 2. Heard the learned counsel on either side.
3. This Court, directed the first respondent in the Writ Petition, to refer the works, viz., Work A, Work B and Work C to the second respondent in the Writ Petition, for inspection and testing within a period of eight weeks from the date of receipt of a copy of this order. Till the assessment of the quality of the works executed, is completed on re-inspection, further work shall not be proceeded with by the fourth and fifth respondents in the Writ Petition. This Court, further directed the third respondent in the Writ Petition to make payments to the respondents 4 and 5 in the Writ Petition, after getting a bank guarantee from the respondents 4 and 5.
4. It is alleged that the first respondent in the Contempt Petition, who was the third respondent in the Writ Petition, paid the money payable to the respondents 2 and 3 in the Contempt Petition, who are all respondents 4 and 5 in the Writ Petition without getting a bank guarantee from the respondents 2 and 3. Moreover, it is alleged that the second respondent in the Writ Petition did not conduct the inspection to assist the quality of the work executed. The fourth respondent already filed a report, after inspection, regarding the quality of the work executed by the second and third respondents herein. Therefore, the contention made by the petitioner in this regard is not acceptable. However, this Court in paragraph No.7 of the order, dated 30.06.2016, directed the first respondent herein to make payment, after getting bank guarantee. Paragraph No.7 of the order dated 30.06.2016, is extracted as follows:-
"7. Since it is submitted that for the work already executed by respondents 4 and 5, they are entitled to payment, it is appropriate to direct the third respondent to process the bill claim of the fourth and fifth respondents, as per law. If the third respondent decides to pay the eligible amount to the above said respondents, then, in that event, he shall inform the details of the same to the fourth and fifth respondents within a period of two weeks and thereafter, the third respondent shall make the payment after getting a bank guarantee from each of respondents 4 and 5, equivalent to the amount to be disbursed to them."
From the above, it is clear that the bank guarantee should be obtained for making the payment. However, it is proved before this Court that the first respondent made payment to the second and third respondents, without getting bank guarantee and only obtained undertaking from the second and third respondents, which is nothing but violation of the order passed by this Court.
5. Taking into consideration of the report filed by the fourth respondent that the work executed by the second and third respondents is with quality, this Court is inclined to impose costs to be paid by each of the respondents as follows, for violating the order passed in the Writ Petition:-
(i) The first respondent shall pay a sum of Rs.20,000/- [Rupees Twenty Thousand only], to P.T.Lee Chengalvaraya Naicker Orphanage, Vepery, Chennai-7.
(ii) The respondents 2 and 3 shall jointly pay a sum of Rs.20,000/- [Rupees Twenty Thousand only] to the Karunalaya Karunai Illam, Four Road, Kolathur, Mettur Taluk, Salem - 636 303.
6. The Contempt Petition is disposed of in the above terms. Call the matter for reporting compliance on 30.06.2017.
09.06.2017
r n s N. KIRUBAKARAN,J.
r n s Contempt Petition No.516 of 2017 09.06.2017 http://www.judis.nic.in