Madras High Court
N.Padmanabhan vs Mr.Swaminathan on 1 March, 2018
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.03.2018
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
CONT.P(MD)No.957 of 2015
in
CONT.P(MD)No.228 of 2014
in
W.P(MD)No.14216 of 2011
N.Padmanabhan .. Petitioner/
Third Party
Vs.
1.Mr.Swaminathan,
The Manager,
Indian Overseas Bank,
Aavanathankottai,
Aranthangi Taluk,
Pudukottai District.
[Cause Title accepted vide order
dated 03.07.2015, made in
Sub.A(MD)No.146 of 2015]
2.Mr.Arumugam,
The Manager,
Indian Overseas Bank,
Aavanathankottai Branch,
Aranthangi Taluk,
Pudukottai District.
[Second respondent is impleaded vide
order, dated 01.03.2018, made in
Sub.A(MD)No.164 of 2017]. .. Contemnors/
Respondents
PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts
Act, 1971 praying to punish the respondent for his wilful disobedience on the
order of this Court made in Contempt Petition No.228 of 2014, dated
22.09.2014.
!For Petitioner : Mr.M.Mohamed Sherbudeen
^For Respondents : Mr.N.Dilipkumar
:ORDER
Heard Mr.M.Mohamed Sherbudeen, learned counsel appearing for the petitioner and Mr.N.Dilipkumar, learned counsel, appearing for the respondents.
2.This contempt petition has been filed by the petitioner, who is the son of the petitioner in Cont.P(MD)No.228 of 2014, alleging willful disobedience of the order and direction, dated 22.09.2014, made in Cont.P(MD)No.228 of 2014. The operative portion of the order reads as follows:
?5.Thus, considering the above aspects of the matter, both the petitions are disposed of by directing the writ petitioner, to appear before the respondent Bank within a period of one week from the date of receipt of a copy of this order by submitting a representation and by producing a letter by himself and his son stating that he has completed three years of study and presently is in 4th year. The petitioner shall also produce proof to show that his daughter become the first graduate, therefore, the petitioner's will not be eligible to the benefit of being the first graduate in the family. On receipt of the same, the respondent Bank will consider the representation and in the light of the above observation, sanction educational loan to the petitioner for the third and 4th year within a period of two weeks thereafter?.
3.In terms of the above direction, the father of the petitioner herein, had to comply with certain requirements, namely to submit representation and by producing a letter stating that his son, viz., the petitioner herein, completed three years of study and he is in the fourth year. Further, the father of the petitioner has to produce proof to show that his daughter is the first graduate and his son will not be eligible for the benefit granted to the first graduate in the family. The father of the petitioner stated to have appeared before the respondent bank and produced the Provisional Certificate of his daughter and the bona-fide certificate of his son. Subsequently, legal notice has been issued and unfortunately, the father of the petitioner died on 03.01.2015.
4.The respondent bank has done verification and has ascertained that the petitioner is receiving benefit from the Government as being the first graduate. Therefore, the submission made on the side of the petitioner, appears to be fairly incorrect. In any event, the petitioner has completed the course. Therefore, this Court directs the petitioner to appear before the respondent bank and place all the records and give a true statement as to what has happened and the respondent bank is directed to take into consideration the statement given by the petitioner and if the petitioner has been granted the benefit under the scheme of first graduate in the family, then the respondent bank shall deduct the said amount and consider for payment of the remaining amount to the petitioner, since he has already completed the course. This payment can be released, only if the petitioner produces sufficient proof by way of receipts issued by the College showing that he has remitted the fee to the College. The above direction shall be complied within a period of three weeks from the date on which the petitioner appears before the respondent bank.
5.The contempt petition stands disposed of accordingly. No costs.
To The Manager, Indian Overseas Bank, Aavanathankottai, Aranthangi Taluk, Pudukottai District.
.