V.Mariappan v. Manoj Paritha, Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2017

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA Contempt Petition No. 416 of 2017 V. Mariappan ... Petitioner Vs Mr. Manoj Paritha, I.A.S.

The Chief Secretary to Govt.

Chief Secretariat, Government of Puducherry Puducherry.

... Respondent PRAYER: Contempt petition filed under section 11 of the Contempt of Courts Act, 1971, against the order dated 04.05.2016, passed in W.P.No.17296 of 2016.

For Petitioner : Mr.M. Gnanasekar For Respondents : Mr.R. Syed Mustafa Special Government Pleader (Puducherry) ----

O R D E R

Heard both sides.

2. The learned Special Government Pleader appearing for the respondent would submit that the order, dated 04.05.2016, passed by this Court in W.P.No. 17296 of 2016, has been complied with and therefore, there is no question of contempt and hence this contempt petition may be closed. In proof of the compliance of the order, a communication of the respondent, dated 25.07.2016 has been produced by the

learned Special Government Pleader for the respondent. Paragraphs 3 and 4 of the said communication read thus: " 3. AND WHEREAS, the Hon'ble High Court of Judicature at Madras vide order dated 04.05.2016 has directed the first respondent (Chief Secretary to Govt. of Puducherry) to look into the grievance expressed in the representation, dated 14.10.2015 of the petitioner within a period of one month from the date of receipt of the order.

4. AND WHEREAS, Dr. P. Thambidurai has already been repatriated to Pondicherry Engineering College, Puducherry as professor vide Order No. 008554/CS(H&T.Edn)/E3/2016(PF), dated 10.06.2016 of the Chief Secretariat (Higher and Technical Education), Puducherry for administrative reasons".

4. However, the learned counsel appearing for the petitioner would submit that, Dr.P.Thambidurai has already filed of Writ petition in W.P. No.38141 of 2016, challenging the communication of the respondent dated 25.07.2016 and this contempt petition shall be closed, without prejudice to the rights of the petitioner herein, to challenge the writ petition.

5. The said contention of the learned counsel appearing for the petitioner is recorded and granting the

said rights, this contempt petition stands closed. SD/ JOINT REGISTRAR(OS)I/C //Certified to be true copy// Dated at Madras this the day of 2016. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SS/CO/08/03/2017 Copy to The Chief Secretary to Govt.

Chief Secretariat, Government of Puducherry Puducherry.

One CC to Government Pleader, SR.4995/17 One CC to Mr.Gnanasekaran, Advocate, SR.5051/17