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Madras High CourtCONT P/1787/2017closed

P.Karthikeyan, v. Atulya Misra, Ias

2020-01-31Honourable Mr Justice R.Subbiah4 pages

1 Cont.P.No.1787 of 2017

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2020 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBBIAH Contempt Petition No.1787 of 2017 and Sub Application(OS) No.637 of 2018 P.Karthikeyan ... Petitioner in Contempt Petition / Sub Application Vs.

1. Thiru.Atulya Misra, I.A.S., Secretary to the Government, Environment and Forest Department, Fort St.George, Chennai - 600 009.

... Respondent in Contempt Petition /1st Respondent in Sub Application

2. Thirumathi V.Santha IAS., District Collector, Perambalur, Perambalur District.

3. D.Ashokan, District Forest Officer, Perambalur, Perambalur District.

...2nd and 3rd Respondent in Sub Application

2 Cont.P.No.1787 of 2017 Contempt Petition filed under Section 11 of the Contempt of Court Act, praying to punish the respondent for the wilfull disobedience to the order of the High Court in W.P.No.8276 of 2014 dated 26.10.2016. Sub Application No.637 of 2018 To implead the proposed parties as 2nd and 3rd respondents in this Contempt Petition.

For Petitioner : M/s.K.Jenitha For Respondents : Mr.M.Elumalai Government Advocate

O R D E R

The present Contempt Petition has been filed by petitioner alleging non-compliance of the order of this Court passed in W.P.No.8276 of 2014 dated 26.10.2016, in which this Court directed as follows: " In view of the dictum laid down by the Division Bench of this Court in W.A.No.524 of 2012 dated 16.04.2012 (The Principal Conservator of Forests, Forest Department, Chennai 15 V.G.Periyasamy) this writ petition is allowed and the impugned order of the third respondent in his proceedings bearing No.Moo.Mu.3127/12/pa dated 19.09.2013 is set aside

3 Cont.P.No.1787 of 2017 and the respondents are directed to pass appropriate order with regard to providing compassionate appointment to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order. No costs."

2. Heard the learned counsel for petitioner and the learned Government Advocate appearing for the respondent.

3. Today, when the Contempt Petition is taken up for consideration, learned counsel for the petitioner as well as learned Government Advocate appearing for the respondent submitted that the above said order of this Court had been complied with by the respondent herein, in proof of which, a copy of the proceedings Na.Ka.No.927/2018/P dated 26.12.2019 addressed to the learned Government Advocate by the District Forest Officer, Perambalur has been produced before this Court, in which it is stated that they have taken necessary steps to place the petitioner on top of the seniority in the post of Plot Watcher (Supernumerary post) . This Court also gone through the same.

4 Cont.P.No.1787 of 2017

4. Since the order of this Court had been complied with by the respondent, nothing further survives for consideration in this Contempt Petition, which is accordingly closed. No costs. Connected sub application is also closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) dpq //Certified to be true copy// Dated at Madras this the day of 2020. 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/10.03.2020 To The Secretary to the Government, Environment and Forest Department, Fort St.George, Chennai - 600 009.