P.Manisekaran, v. K.Manivasan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH Cont P.(MD)Nos.77 and 79 of 2021 P.Manisekeran ... Petitioner / Petitioner (In both contempt petitions) /vs./
1. Sri.K.Manivasan, I.A.S., Principal Secretary to Government, Public Works Department, Secretariat, Chennai-600 009.
2. Sri.M.Rajamohan, B.E., Engineer-in-Chief (Buildings), Office of the Engineer-in-Chief (Buildings), Chief Engineer (Buildings), Chennai Region, Chief Engieer (General), Chepauk, Chennai-600 005.
3. Sri.S.Ragunathan, B.E., Chief Engineer (Buildings), Public Works Department, Madurai Region, Madurai.
4. Sri.T.Buvaneshwaran, B.E., Superintending Engineer, Public Works Department, Buildings (Constructions & Maintenance) Circle, Tirunelveli-2.
... Contemnors/ Respondent (In both contempt petitions) COMMON PRAYER: Contempt Petitions are filed under Section 11 of the Contempt of Court Act, 1971, to punish the contemnors/respondents in accordance with law for their willful disobedience of the order in W.P(MD) No.10710 and 10711 of 2018 dated 20.01.2020. Prayer in WP(MD). 10710 of 2018 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of certiorari calling for the records relating to the impugned orders passed by the 1st respondent in G.O.(D)No.116, public works(E1) Department dated 30/04/2018, and charge memo in letter No.8562 / E1 / 2018-3, dated 30/04/2018, quash the same . 1/3
Prayer in WP(MD). 10711 of 2018 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of certiorari calling for the records relating to the impugned orders passed by the 1st respondent in G.O.(D)No.121, public works(E1) Department dated 30/04/2018, and G.O(D) No.122, Public Works (E1) Department dated 30/04/2018, quash the same and consequently direct the respondents to settle the retirement benefits of the petitioner within a stipulated time that may be fixed by this Honourable court. For Petitioner : Mr.N.Sudhagar Nagaraj (In both contempt petitions) For Respondents : Mr.S.Dhayalan (In both contempt petitions) Government Advocate COMMON ORDER It is stated by the learned counsel for the petitioner that as against the orders of the Writ Court, the Government has filed an appeal in W.A(MD) Nos.308 and 309 of 2021 and the orders of the Writ Court have also been stayed by the Hon'ble Division Bench of this Court on 12.02.2021.
2.While that being so, it would not be appropriate to keep the contempt pending, particularly, when the Hon'ble Division Bench has seized of the matter.
3.Accordingly, this Contempt Petitions stand closed. However, if the cause of action for filing contempt arises after the disposal of the writ appeal, it is open to the petitioner to do so. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned. 2/3
To:- 1.The Principal Secretary to Government, Public Works Department, Secretariat, Chennai-600 009.
2. The Engineer-in-Chief (Buildings), Office of the Engineer-in-Chief (Buildings), Chief Engineer (Buildings), Chennai Region, Chief Engieer (General), Chepauk, Chennai-600 005.
3.The Chief Engineer (Buildings), Public Works Department, Madurai Region, Madurai.
4.The Superintending Engineer, Public Works Department, Buildings (Constructions & Maintenance) Circle, Tirunelveli-2.
+1 CC to M/s.SPL GP ( SR-9197[F] dated 05/03/2021 ) Cont P.(MD)Nos.77 and 79 of 2021 04.03.2021 VB (25.03.2021) 3P 6C 3/3