Dr.G.Srinivasan v. Shri.Ajay Kumar Balla

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2017 Coram The Hon'ble Mr. Justice M.M.SUNDRESH Cont. Petition No.2129 of 2017 Dr.G.Srinivasan ..

Petitioner vs.

1.Ajay Kumar Balla, Secretary, Ministry of Power, Shram Shakti Bhavan, New Delhi - 110 001.

2.Anand Kumar, Secretary, Ministry of New and Renewable Energy, Block No.14, CGO Complex, Lodhi Road, New Delhi - 110 001.

3.Vikram Kapur, Secretary, Energy Department, Fort St. George, Chennai - 9.

..

Respondents Petition filed under Section 11 of Contempt of Courts Act to punish the respondent herein to punish the respondents herein for their wilful disobedience of the order of this Court dated 07.06.2017 in W.P.No.777 of 2017.

For Petitioner ..

Mr.T.Sundaravadanam For Respondents ..

Mr.M.Ezhumalai, Govt. Advocate for R3

ORDER

Alleging that the order passed by this Court in W.P.No.777 of 2017 dated 07.06.2017 has not been complied with by disposing of the representation made by the petitioner, the present contempt petition is filed.

2.Learned counsel appearing for the petitioner would submit that the order was passed by the Secretary, Central Electricity Authority. However, no order was passed by the third respondent. 3.A perusal of the documents filed would show that the third respondent has sent a communication to the Chairman-cum-Managing Director of Tamil Nadu Generation and Distribution Corporation Limited, marking a copy to the petitioner, asking it to furnish the remarks. Thereafter, a comprehensive order was passed by the Central Electricity Authority on 16.10.2017. This order is a speaking order as it was passed by taking note of the order passed by this Court.

4.Perhaps, in view of the order passed by the Central Electricity Authority dated 16.10.2017, the third respondent has not passed any order. The question as to whether the order dated 16.10.2017 is legally sustainable or not cannot be a factor to be considered in this proceedings. Suffice it to state that an order was passed in compliance with the order passed by this Court. Thus, this Court does not find any wilful disobedience of the order passed by this Court. However, inasmuch as no order has been passed by the third respondent, the said authority is directed to pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. 5.With the above direction, the contempt petition stands closed. 13.12.2017 mmi

M.M.SUNDRESH, J.

mmi Cont.P.No.2129 of 2017 13.12.2017