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Contempt Petition No.9 of 2017

R.MAHADEVAN, J.
AND
V.PARTHIBAN, J.
The Secretary of Kumbakonam School Fire Tragedy Victims

Association has come up with the aforesaid Contempt Petition,

alleging that the order of this Court dated 18.10.2016 passed in

WP.No.8196 of 2012 and WMP.No.17281 of 2016 has not been

complied with by the respondents.

2.Facts-in-nutshell are that on 16.07.2004, in the fire

accident, that took place at Sri Krishna School, Kumbakonam, 94

students were dead and 18 students sustained burn injuries.

Among the injured, six of them were grievously injured and 12 of

them sustained simple injuries. In view of the same, all the

aggrieved parents have joined themselves and formed an

association in the name and style of Kumbakonam School Fire

Tragedy Victims Association and the said association filed a Writ

Petition, represented by Mr.Inbaraj, who is also one of the

claimants, praying for the relief of writ of Mandamus, directing the

respondents therein to award compensation with 12% interest per

annum from the date of occurrence till the payment.

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2.1. Pursuant to the order of this Court, the Government of

Tamil Nadu issued G.O.(Ms) No.998, Public Department, dated

11.11.2014, appointing a Retired Judge of this Court - The Hon'ble

Mr. Justice K.Venkataraman, as one Man Commission, to determine

the quantum of compensation for the victims. After due enquiry,

the said Commission passed an award, on 31.03.2016 directing the

Government to pay compensation together with interest at 6% per

annum from the date of filing of the application till the date of

award, in the following manner:-

S.No. Head Amount / For each

children / Rs.
1. In respect of 94 deceased children 5,00,000.00

2. In respect of 3 seriously injured 6,00,000.00

children
3. In respect of 3 other injured 5,00,000.00
children
4. In respect of 10 other injured 50,000.00
children

2.2. The said Commission filed a report before this Court,

against which, the Association filed a petition in WMP No.17281 of

2016 in W.P No.8196 of 2012 for enhancement of compensation

and interest. The said petition was disposed of, by the Hon'ble First

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Bench (wherein one of us (RMDJ) was a party) on 13.07.2016. In

view of the said order, the State Government has filed an affidavit

on 18.10.2016, agreeing to pay the compensation and interest from

the date of accident at 8%, 8.6% and 8.7% for the respective

financial years 2004-2011, 2011-12 and 2012-16.

2.3. All the claimants gave vakalat to the counsels,

M/s.S.Tamilarasan, B.Srinivasan and L.P.Balajiram. They have also

paid a sum of Rs.3,500/- each, totalling around Rs.3.5 lakhs to the

counsel Mr.S.Tamilarasan as his fees and expenses, for filing the

claim petitions before the Commission and for conducting the case.

Mr. B.Srinivasan, learned counsel, alone appeared before the

Commission, apart from assisting Mr. Tamilarasan, in writ petition

and writ appeal proceedings. Since the order of this Court was not

complied with, the present contempt petition came to be filed by the

petitioner Association, through Mr.S.Tamilarasan.

2.4. After issuance of statutory notice by this Court, the

State Government deposited the award amount, to the credit of the

Savings Bank Accounts of the claimants, after deducting ex-gratia

amount. Even before the award amount was deposited to the

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accounts of the victims/affected parties, the said counsel

Mr.S.Tamilarasan, came to Kumbakonam and asked each of the

claimants to open an account and to give two undated cheques,

under threat and coercion. That apart, the said counsel

Mr.S.Tamilarasan obtained signatures in blank papers from all the

claimants.

2.5. Thereafter, to the shock and surprise of the claimants, a

sum of Rs.2,30,000/- was deducted from each of the Savings Bank

Accounts of the claimants and on enquiry, it came to light that more

than Rs.2 crores were transferred to the names of

Mr.S.Tamilarasan, Advocate and his family members, Ms.Jayanthi

and Ms.Ajitha, etc. by misusing the said blank cheques. During the

second week of July 2017, the claimants had met the counsel,

Mr.S.Tamilarasan, at Kumbakonam to disclose the reasons for

illegally appropriating the amount and for refund, but he avoided

the claimants and evaded to give reasons. Hence, the claimants

have filed the applications and got them impleaded in this contempt

petition, by order dated 16.03.2018.

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3. It is the grievance of the claimants that when the

compensation amounts were deposited by the State Government to

the Savings Bank Accounts of the parents of the victims / claimants,

the said counsel, Mr.S.Tamilarasan had illegally and fraudulently

transferred a sum of Rs.2,30,000/-, in each of the victims, which

comes to more than Rs.2 crores, in the names of S.Tamilarasan,

Jayanthi and Ajitha, thereby causing wrongful loss to the parents of

the victims / claimants. It is also their case that Mr.S.Tamilarasan

has obtained two undated cheques from each of the parents of the

victims / claimants under threat and coercion.

4. When the matter was taken up for consideration, the

learned counsel appearing for the claimants has produced a copy of

the passbook bearing SB A/c.No.004001001641547 of the City

Union Bank, Kumbakonam, pertaining to one R.Divya, who was

subsequently impleaded as a party respondent in this petition,

before this Court. On a perusal of the same, it is evident that a sum

of Rs.9,51,702/- has been deposited on 21.12.2016, out of which, a

sum of Rs.2,30,000/- has been transferred to some other accounts,

by using the blank cheque issued by R.Divya to the counsel

Mr.S.Tamilarasan. Similar modus operandi has been adopted by the

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said Mr.S.Tamilarasan qua other claimants as well, as supported by

the copies of the passbooks of the victims shown before this Court.

Accordingly, it is manifest that the said counsel had committed

fraud, breach of trust and illegality, which offences are attracted by

the Indian Penal Code.

5. That apart, upon consideration of the materials placed,

this Court has given sufficient opportunities to the said counsel

Mr.S.Tamilarasan to pay the compensation amount to all the

victims. However, it is rather miserable that till date, he has not

chosen to make use of the indulgence shown by this Court. On the

other hand, the learned Senior Counsels Mr.S.Prabakaran and

Mr.G.Mohana Krishnan appeared for Mr.S.Tamilarasan submitted

that the alleged transferred amounts were only for professional

fees, whereas, Mr.N.Veerasamy, learned counsel for the third

respondent -R.Divya and Mr.T.Sellapandian, learned counsel for the

newly impleaded respondents 4 to 27 vehemently opposed the

same, stating that such act of the said counsel S.Tamilarasan would

amount to cheating and fraud committed on the victims.

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6. Thus, considering all those facts and circumstances of the

case and taking note of the materials placed, this Court finds it

appropriate to pass the following orders:

(i)Having regard to the nature of the issue involved herein

and considering the gravity of the offence committed by the said

counsel Mr.S.Tamilarasan, the matter is directed to be taken by the

CBCID for proper investigation. For such purpose, this Court

suo-motu impleads the CBCID as a party respondent in this petition.

(ii)The CBCID shall register a case forthwith, conduct enquiry

and proceed further in accordance with law against the said counsel

and all others, who are illegally transferred the money from the

accounts of the victims.

(iii)The CBCID shall take immediate action forthwith to attach

the bank accounts and properties of the said counsel and his wife

and other relatives, in whose accounts, the money has been

transferred and the said attachment shall be in force till the entire

money is recovered. The learned counsel for the respective

claimants shall render necessary assistance to the CBCID in this

regard.

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(iv)The Bar Council of Tamil Nadu shall take appropriate

action forthwith against the said counsel Mr.S.Tamilarasan. Till such

time, this Court suspends him from practising as an Advocate.

7. Post the matter for filing report by the CBCID and the Bar

Council of Tamil Nadu and for passing further orders on 05.06.2018.

(R.M.D., J.) (V.P.N., J.)

27.04.2018

Index: Yes/No
rk

Note to the Registry:

(i)to carry out the necessary amendment in this petition.

(ii)to communicate this order to

(a)The CBCID, Chennai; and
(b)the Bar Council of Tamil Nadu.

(iii)to issue order copy today.

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R.MAHADEVAN, J.
AND
V.PARTHIBAN, J.

rk

Contempt Petition No.9 of 2017

27.04.2018

http://www.judis.nic.in