V.Murugesan v. Mr.Rajagopal Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2015 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM Contempt Appeal No.7 of 2013 V.Murugesan ... Appellant -VsMr.Rajagopal, I.A.S., Secretary to Government, Revenue Department, Secretariat, Chennai.

... Respondent Appeal filed under Section 19 of the Contempt of Courts Act against the order dated 07.01.2013 passed in Contempt Petition No.182 of 2012 on the file of this Court.

Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the Respondent for having committed Contempt of the Court by disobeying the Order of this Court dated 21.12.2010 in W.P.No.28879 of 2010.

W.P.No.28879 of 2010 : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Respondent to pay the pension and to settle the Terminal benefits such as DCRG, Leave Salary, commutation of Pension, Special Provident Fund and confer all consequential benefits to the Petitioner.

For Appellant :

Mr.P.Ganesan for M/s.C.S.Associates For Respondent :

Mr.V.R.Kamalanathan, Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/

J U D G M E N T

(Judgment of the Court was delivered by The Hon'ble Chief Justice) The contempt appeal against an order of dismissal of contempt petition is not maintainable in view of the judgment of the Hon'ble Supreme Court in Midnapore Peoples' Coop. Bank Ltd. vs. Chunilal Nanda, (2006) 5 SCC 399.

2.Contempt Appeal, thus, stands dismissed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sra To The Secretary to Govt. of Tamil Nadu, Revenue Department, Secretariat, Chennai.

+1cc to M/s.C.S.Associates, Advocate, S.R.No.53263 Cont.A.No.7 of 2013 VD(CO) CA(03/11/2015) https://hcservices.ecourts.gov.in/hcservices/