Madras High CourtCONT P/276/2020dismissed

K.Ramalingam v. Mr.Hans Raj Verma I.A.S.

2021-04-23Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 23.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR K. Ramalingam, No.47, East West Street, Otimedu Village, Vridhachalam Taluk, Cuddalore District ... Petitioner Vs.

1. Hans Raj Verma, IAS, Principal Secretary to Government (Now Additional Chief Secretary to Government) Rural Development & Panchayat Raj Department, Fort St. George, Chennai-9.

2. C.Kathiravan, IAS, District Collector, Cuddalore District 607 001.

... Respondents PRAYER : Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for their willful and intentional disobedience to the order of this court in W.P.No.13114 of 2014 dated 29.04.2019.

For petitioner : Mr.Alagu Gowtham for Mr.M.Muthappan For respondents :MrM.Elumalai, Addl. Gov. Pleader

ORDER

This writ petition has been filed to punish the respondents for their willful and intentional disobedience to the order of this court in W.P.No.13114 of 2014 dated 29.04.2019.

2. It is an admitted fact that the petitioner died.

3. The learned Additional Government Pleader submitted that challenging the order passed by this court in W.P.No.13114 of 2014 dated 29.04.2019, Writ Appeal has been filed by the Government and in the writ appeal, the learned counsel appearing for the writ petitioner sought time to file an application to bring the legal heirs of the deceased writ petitioner as parties to the writ appeal and also make necessary amendment in the cause title.

4. It is to be noted that on 23.02.2021, at the request of the counsel for the petitioner to implead the legal heirs of the deceased petitioner, the contempt petition was adjourned. Today also no steps has been taken to implead the legal heirs of the deceased petitioner. That being so, now, Writ Appeal also preferred by the Government and is pending before the Division Bench. Therefore, for the ground of impleading the legal heirs of the deceased petitioner, contempt petition cannot be adjourned by time to time.

5. Accordingly, the contempt petition is dismissed. Liberty is granted to the petitioner to file fresh contempt petition, if so advised, after disposal of the writ appeal.

SD/- ASSISTANT REGISTRAR(COMM.CASES) mst //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/30/06/2021 To

1. The Principal Secretary to Government (Now Additional Chief Secretary to Government) Rural Development & Panchayat Raj Department, Fort St. George, Chennai-9.

2. The District Collector, Cuddalore District 607 001.