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Madras High CourtCONT P/1410/2019dismissed

S.K.Ravichandran v. A.Aravinth

2019-10-25Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2019

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI S.K.Ravichandran ... Petitioner Vs.

1.Mr.A.Aravinth The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd., Head Office, Salem Region, Salem - 636 007.

2.Mr.M.Pandian The Branch Manager Rasipuram Branch Tamil Nadu State Transport Corporation (Salem) Ltd., Namakkal District - 637 408.

... Respondents Prayer :

Contempt petition filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondents for committing contempt of this Honourable Court by disobeying the directions contained in the order of this Honourable Court dated 26.10.2018 in W.M.P.No.32385 of 2018 in W.P.No.27856 of 2018.

For Petitioner : M/s.Ramapriya Gopalakrishnan For Respondents : Ms.Rajani Ramadoss 1/4

ORDER

This contempt petition is filed alleging willful disobedience of the order dated 26.10.2018 made in W.M.P.No.32385 of 2018 in W.P.No.27856 of 2018. 2.The learned counsel appearing for the petitioner would submit that this Court vide order dated 26.10.2018 made in W.M.P.No.32385 of 2018 in W.P.No.27856 of 2018, directed that if the petitioner is not relieved from the present place of posting in pursuant to the order of transfer, he shall not be relieved till 06.12.2018. Since the said order was not complied with, the petitioner has filed this contempt petition.

3.The learned counsel appearing for the respondents would submit that the transfer order was issued on 16.05.2018 and the same was communicated to the petitioner as well as to the concerned depot. Thereafter, on 25.09.2018 relieving order was passed and the petitioner was relieved.

4.Per contra, the learned counsel appearing for the petitioner would submit that except 25.09.2018 transfer order, no relieving order was served on the petitioner. The learned counsel would further submit that the transfer order dated 16.05.2018 was not served on the petitioner and 2/4

would further submit that no records were produced before this Court.

5.This Court perused the transfer order dated 16.05.2018 and the same was communicated to the petitioner along with relieving order dated 25.09.2018. This Court makes it clear that if the petitioner is not yet relieved from the post, he shall not be relieved. However, it is open to the respondents to approach this Court to seek modification of the order, if they so desire. 6.In view of the above, no contempt arise. Hence, this Contempt Petition is closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) pri //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.

Smi/14/11/2019 3/4

To

1. The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd., Head Office, Salem Region, Salem - 636 007.

2. The Branch Manager Rasipuram Branch Tamil Nadu State Transport Corporation (Salem) Ltd., Namakkal District - 637 408.

3. The Assistant Registrar (writs), High Court, Madras.

4. The Section Officer, Writ Section, High Court, Madras.

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