Madras High CourtCONT P/973/2015closed

A. Edwin Manohara Raj v. Rajendira Retnu

2021-03-23Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Contempt Petition No.973 of 2015 Edwin Monohara Raj, Vazhathottam Puthen Veedu, Puthoor West, Thickanamacode P.O.

Kanniyakumari District ... Petitioner vs.

1.Rajendira Retnu The Director of Town Panchayats, Kuralagam, Chennai - 600 108.

2.Madaswamy Sundarraj The Assistant Director of Town Panchayats, Collectorate Campus, Nagercoil, Kanniyakumari District.

3.K.Baskaran The Director of Rural Development, Panagal Building, Saidapet, Chennai - 600 015.

4.Phanindra Reddy The Secretary to Government, Municipal Administration and Water Supply Dept., Fort St. George, Chennai- 600 009.

... Respondents

Prayer: Petition under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for willfully disobeying the order dated 02.12.2014, in W.A.No.2120 of 2012.

For Petitioner :

Mr.Aravind Rajagopal for M/s.Arunachalam Associates For Respondents :

Mr.K.S.Suresh, Government Advocate

ORDER

(Made by SENTHILKUMAR RAMAMOORTHY,J.) The petitioner alleges willful disobedience of an order dated 02.12.2014 in W.A.No.2120 of 2012. By the said order, the appellate Court refused to interfere with the order of the learned Single Bench. By the order of the learned Single Bench, the alleged contemnors were directed to appoint the petitioner on a consolidated pay in a regular vacancy.

2. The learned Government Advocate points out that the petitioner was appointed as an Office Assistant in a regular vacancy as evidenced by G.O.Ms.No.158 Municipal Administration and Water Supply (Town Panchayat 1) Department dated 29.10.2015. He also points out that the said government order has been challenged by the petitioner herein by a subsequent writ petition, W.P.No.17786 of 2017, which is pending adjudication.

3. In the light of the fact that the petitioner was duly appointed against a sanctioned post in terms of the order dated 02.12.2014, the order of this Court has been substantially complied with.

4. Consequently, the contempt proceedings are dropped and Contempt Petition No.973 of 2015 is closed. The petitioner is left free to prosecute W.P.No.17786 of 2017. There will be no order as to costs. SD/- ASSISTANT REGISTRAR(COMM.CASES) rrg //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/27/04/2021 To

1. The Director of Town Panchayats, Kuralagam, Chennai - 600 108.

2. The Assistant Director of Town Panchayats, Collectorate Campus, Nagercoil, Kanniyakumari District.

3. The Director of Rural Development, Panagal Building, Saidapet, Chennai - 600 015.

4. The Secretary to Government, Municipal Administration and Water Supply Dept., Fort St. George, Chennai- 600 009.