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Madras High CourtCONT P(MD)/151/2021closed

C.Pandian v. R.Duraikannan

2022-01-27Honourable Dr Justice Anita Sumanth,Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH and THE HONOURABLE MRS. JUSTICE R.THARANI C.Pandian .. Petitioner/16th Petitioner Vs.

1.R.Duraikannan, The Executive Engineer, Tamil Nadu Water Supply and Drainage Board, Rural Water Supply Division, 7A, Gandhiji Main Road, N.R.T.Nagar, Theni-625 531.

... Contemnor/1st Respondent 2.Dr.C.N.Maheswaran, I.A.S., Managing Director, TWAD Board, Chennai.

... Respondents R2 is suo motu impleaded in Cont.P.(MD).No.151 of 2021 vide Court Order dated 26.02.2021.

Prayer : Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents/contemnors for willful disobedience of the order of this Court in W.P.(MD).No.13054 of 2014 dated 07.02.2018.

Prayer in WP(MD). 13054 OF 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the first respondent to implement the order passed by the Inspector of Labour in Pro. No. 475/2012 dated 25.11.2013 within the time frame as may be fixed by this Honourable Court.

For Petitioner : No-appearance For Respondents : Mr.B.Vijay Karthikeyan Standing Counsel 1/3

O R D E R

The contempt petition has been filed challenging non-compliance with the order of the learned Single Judge dated 07.02.2018.

2. We are of the considered view that with passing of the order by the Division Bench on 05.11.2019, the order of the learned Single Judge stands telescoped therein and this contempt petition thus losses all steam.

3. That apart, the Division Bench on 17.09.2021 has granted an order of status quo with regard to the employment of the workmen while entertaining the review applications. Thus, on both grounds as aforesaid, nothing survives in this contempt petition and recording the aforesaid, the same is closed.

4. It is also brought to our notice that contempt petitions have been filed in Cont.P(MD).Nos.1583 & 1584 of 2021 for noncompliance of the order of the Division Bench. Prima facie, we are of the view that Status quo granted on 17.09.2021 in contempt petition No.151 of 2021 should apply as regards those petitions as well. Let the petitioner move the Registry for listing of the contempt petition before the appropriate Bench. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) ssb 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. To:

1.R.Duraikannan, The Executive Engineer, Tamil Nadu Water Supply and Drainage Board, Rural Water Supply Division, 7A, Gandhiji Main Road, N.R.T.Nagar, Theni-625 531.

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2.Dr.C.N.Maheswaran, I.A.S., Managing Director, TWAD Board, Chennai.

27.01.2022 NA(CO) GC(11.02.2022) 3P 3C 3/3