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Madras High CourtCONT P/3003/2024closed

K. Packiasamy v. Dr. P. Senthil Kumar, I.A.S.,

2024-10-03Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2024

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN

1. K.Packiasamy

2. C.Durairaj ... Petitioners Vs.

1. Dr. P.Sentil Kumar, I.A.S., Additional Chief Secretary Environment and Forest Department, Fort St. George, Chennai - 9.

2. Dr.Sudhanshu Gupta, I.F.S., Principal Chief Conservator of Forests, (Head of Forest Force) Velachery Main Raod, Guindy, Chennai - 600 032.

... Respondents Prayer:- Contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondents for their wilful disobedience in not complying with the order dated 23.01.2024 passed by this Court in W.P.No.34975 of 2023.

For Petitioners : Mr.S.Mani For Respondents : Dr.T.Seenivasan Special Government Pleader

ORDER

This Contempt Petition has been filed to punish the respondents for non compliance of the order dated 23.01.2024, passed by this Court in W.P.No.34975 of 2023, thereby directed the respondents to consider the representation of the petitioners dated 01.11.2023 and pass orders on merits and in accordance with law, in the light of the judgment delivered in C.A.No.6798 of 2019 dated 02.09.2019 and the order passed in W.P.No.19023 of 2021 dated 09.09.2021, within a period of twelve weeks. 2.

The learned Special Government Pleader appearing for the respondent submitted that as directed by this Court, the second respondent considered the petitioner's representation and passed order on 06.05.2024. He also produced a copy of the order dated 06.05.2024, before this Court. 3.

However, the learned counsel appearing for the petitioners submitted that the respondents have not considered the petitioner's representation in the light of the judgment of the Hon'ble Supreme Court of India in C.A.No.6798 of 2019. Further similarly placed persons were considered and passed order in their favour.

4.

Considering the above submissions, the petitioner is at liberty challenge the order dated 06.05.2024, in the manner known to law. Accordingly, this Contempt Petition is closed. 03.10.2024 Index : Yes/No Speaking/Non Speaking order rts To

1. The Additional Chief Secretary Environment and Forest Department, Fort St. George, Chennai - 9.

2. The Principal Chief Conservator of Forests, (Head of Forest Force) Velachery Main Raod, Guindy, Chennai - 600 032.

G.K.ILANTHIRAIYAN, J.

rts 03.10.2024