V.Sivasakthivel And 4 Others v. T.Udhayachandran Ias., And 3 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.03.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Contempt Petition Nos.2181, 2182, 2268, 2269 and 2270 of 2023 in W.P.Nos.8595, 8593, 8584, 8589 and 8592 of 2021 1.V.Sivasakthivel 2.G.R.Manikandan 3.K.Kandeepan 4.K.Thanga Thamizharasan 5.G.K.Vinayagamoorthy .. Petitioners in Cont.P.No.2181/2023 1.C.Vijayaraj 2.G.Ramachandran 3.K.Muthukrishnan 4.Sictus Jenivar 5.S.Subbiah Alias Sugumar ..Petitioners in Cont.P.No.2182/2023 1.S.Sudhakar 2.S.Senthilkumar 3.V.Palpandian 4.S.K.Mahamuni 5.K.Adhinarayanan ..Petitioners in Cont.P.No.2268/2023 1.D.Sadhasivam 2.C.S.Karthik 3.J.Mohanachandiran 4.K.Sundaram 5.B.Karthikeyan ..Petitioners in Cont.P.No.2269/2023
1.D.Saravanakumar 2.D.Kumaresaseenivasan 3.B.Raja 4.M.Paul Pandy 5.M.Balamurugan ..Petitioners in Cont.P.No.2270/2023 vs.
1.Thiru.T.Udhayachandran I.A.S Secretary to the Government of Tamil Nadu Finance (Pension) Department Fort.St.Geroge, Chennai-9.
2.Tmt.P.Amudha I.A.S The Secretary to Government Home (Police-III) Departmental Fort.St.Geroge, Chennai.
3.Thiru.Shankar Jiwal, I.P.S The Director General of Police Mylapore, Chennai.
4.Tmt.Seema Agrawal, I.P.S The Chairman Tamil Nadu Uniformed Service Recruitmet Board Chennai.
.. Respondents in all Cont. Petitions Contempt Petitions filed under Section 11 of the Contempt of Courts Act, to punish the respondents under the provisions of contempt of court for willful disobedience of the order of this Court in W.P.Nos.8595, 8593,8584 ,8598 and 8592 of 2021 dated 10.02.2023.
For Petitioners : Mr.P.Arumugavel For Respondents : Mr.P.Kumaresan Additional Advocate General Asst.by Mr.G.Nanmaran Special Government Pleader for R2, R3 Mr.M.Bindran Additional Government Pleader for R1 COMMON ORDER These Contempt Petitions have been filed on the ground that the order passed by this Court was not complied with.
2.It is brought to the notice of this Court that the writ appeal is pending and it has not come up for hearing till date. The Division Bench while passing interim order on 8.11.2023 in the writ appeals requested the contempt proceedings to be kept in abeyance till the next date of hearing. The matter came up for hearing thereafter on 29.11.2023. It was once again adjourned and thereafter, the writ appeals were not listed for hearing. Just because, the Division Bench has not extended the earlier request made during the subsequent proceedings, that does not mean that a Single Judge can proceed to pass orders in this contempt petition. Judicial discipline requires that no further orders should be passed and the Single Judge will have to await for the final orders to be passed in the pending writ appeals.
3.In the light of the above discussion, all these contempt petitions are closed. Liberty is granted to the petitioners to revive their claim depending upon the final orders to be passed in the pending writ appeals in W.A.Nos.2976, 2974, 3042 and 3043 of 2023 and W.A.No.2222 of 2022 etc batch. 01.03.2024 Index: Yes/No Speaking Order/Non-Speaking Order KP
To 1.Thiru.T.Udhayachandran I.A.S Secretary to the Government of Tamil Nadu Finance (Pension) Department Fort.St.Geroge, Chennai-9.
2.Tmt.P.Amudha I.A.S The Secretary to Government Home (Police-III) Departmental Fort.St.Geroge, Chennai.
3.Thiru.Shankar Jiwal, I.P.S The Director General of Police Mylapore, Chennai.
4.Tmt.Seema Agrawal, I.P.S The Chairman Tamil Nadu Uniformed Service Recruitmet Board Chennai.
5.The Public Prosecutor High Court, Madras.
N. ANAND VENKATESH, J.
KP Contempt Petition Nos.2181, 2182, 2268, 2269 and 2270 of 2023 in W.P.Nos.8595, 8593, 8584, 8589 and 8592 of 2021 01.03.2023