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Madras High CourtCONT P/1359/2017closed

S.Kalaimurugan v. Mr.Mankath Ram Sharma,I.A.S.,

2019-10-16Honourable Mr Justice Subramonium Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.10.2019

CORAM

THE HONOURABLE MR. JUSTICE SUBRAMONIUM PRASAD Cont.P.No.1359 of 2017 and Sub Application Nos.177, 178 & 714 of 2018 and Sub Application Nos.288 and 469 of 2019 S.Kalaimurugan ..

Petitioner in Cont. Petition/ 1st Respondent in Sub Appl.No.288/2019/ Applicant in Sub Appl.No.469/2019/ 1st respondent in Sub Appl.No.177/2018/ 1st Respondent in SubAppl.No.178/2018/ Applicant in Sub Appl.No.714/2018 Vs.

1.Mr.Mankath Ram Sharma, I.A.S., The Principal Secretary to Government, Micro Small & Medium Enterprises Department, 8th Floor, Secretariat, Fort St.George, Chennai - 600 009.

... 1st Respondent in Cont. Petition/ 2nd Respondent in Sub Appl. No.288/2019 1st Respondent in Sub App.No.469/2019 and 718/2018 / 2nd respondent in Sub Appl.No.177/2018/ Applicant in Sub Appl.No.178/2018 2.Mr.Ambuj Sharma, I.A.S., The Industries Commissioner, and Director of Industries and Commerce, SIDCO Buildings, Guindy, Chennai - 600 032.

.. Applicant in Sub App.No.177/2018 2nd Respondent in Sub Appl.No.178/2018 2nd respondent in Contempt Petition/ Applicant in Sub Appl. No.288/2019 2nd respondent in Sub Appl.No.469/2019 and Sub Appl.No.714/2018 1/4

Prayer:

Contempt petitions filed under section 11 of the Contempt of Courts Act to punish the respondents for their wilful disobedience of the orders of this Hon'ble Court made in W.P.No.33851 of 2015 dated 02.12.2016.

Sub Appl.No.177/2018 To dispense with the personal appearance of the petitioner on 23.03.2018 before the Hon'ble Court as directed in the Contempt Petition No.1359/2017 dated 09.03.2018 in W.P.No.33851 of 2015 dated 02.12.2016.

Sub Appl.No.178/2018 To dispense with the personal appearance of the petitioner on 23.03.2018 before the Hon'ble Court as directed in the Contempt Petition No.1359/2017 dated 09.03.2018 in W.P.No.33851 of 2015 dated 02.12.2016.

Sub App.No.714/2018 To condone the delay of 57 days in filing the restoration Petition.

Sub App.No.288/2019 To dispense with the personnel appearance of the Applicant on 12.07.2019 before this Hon'ble Court as directed in the Judgement ordered on 28.06.2019 in the Contempt Petition.No.1359/2017 on 28.06.2019 in W.P.No.33851/2015 Sub Appl.No.469/2019 To issue a direction to the respondents to comply with the directions passed by this Hon'ble Court in W.P.No.33851/2015 dated 02.12.2016 subject to the outcome of the result of the Special Leave Petition Civil Diary No.10299/2019. For Petitioner : Mr.S.Karthikei Balan For Respondents : Ms.A.Shrijayanthi, Special Government Pleader 2/4

ORDER

It is stated that against the Judgment dated 02.12.2016 in W.P.No.33851 of 2015, Writ appeal No.1151/2018 was filed and the same was dismissed on 26.06.2018 and further, it was taken in appeal before the Hon'ble Supreme Court in S.L.P.Diary.No.10299 of 2019. The Hon'ble Supreme Court by an order dated 12.07.2019 has condoned the delay and has issued notice on the Special Leave Petition as well as on the prayer for interim relief.

2.In view of the above, the contempt petition is closed. It is needless to state that if the Special Leave Petition is dismissed in favour of the petitioner, the petitioner is at liberty to file fresh contempt petition for compliance of the order dated 02.12.2016 in W.P.No.33851 of 2015. Consequently, the connected sub-applications are closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) tsg //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

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Smi/15/11/2019 To

1. The Principal Secretary to Government, Micro Small & Medium Enterprises Department, 8th Floor, Secretariat, Fort St.George, Chennai - 600 009.

2. The Industries Commissioner, and Director of Industries and Commerce, SIDCO Buildings, Guindy, Chennai - 600 032.

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