Madras High CourtCONT P(MD)/53/2020closed

R.C.Meyalagi v. John Kennedy

2020-02-14Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2020 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH Cont.P.(MD)No.53 of 2020 in W.P.(MD)No.24620 of 2019 R.C.Meyalagi : Petitioner/Petitioner/Petitioner Vs.

1.John Kennady Additional Chief Engineer, Generation Circle(TANGEDCO) Tirunelveli.

2.A.V.Kumaravel, The Assistant Executive Engineer, Special Maintenance,Periyar Power House, Theni Distirct.

: Respondents/Respondents/Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court Act, to punish the contemnors for having deliberately violated the order of the Court dated 26.11.2019 and 18.12.2019 in W.M.P.(MD) No.21261 of 2019 in W.P.(MD)No.24620 of 2019. Prayer in WP(MD)No.24620 of 2019 Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned transfer proceedings of first respondent in Memo No.150/Adm.I/A.1/F.RT/2019 dated 09.11.2019 and consequential relieving order of third respondent vide proceedings Memo No.AEE/SPL/PYR/F.01/D.144/2019 dated 18.11.2019 and directing the respondents to allow the petitioner to continue her work in the present place as Assistant Engineer/Electrical, Periyar Vaigai Small Hydro Power House-I and quash the same as illegal and unconstitutional.

For Petitioner : Mr.S.Balamurugan For Respondents : Mr.T.Sakthikumaran,Standing Counsel

ORDER

Since the contempt as against an interim order passed in W.M.P.(MD)No.21261 of 2019 in W.P.(MD)No.24620 of 2019 and in view of the fact that the writ petition itself has been closed on 11.02.2020, wherein the petitioner had accepted the alternative place of transfer, the alleged disobedience cannot be termed as wilful disobedience of the order. Hence, this contempt petition stands closed.

Sd/- Assistant Registrar (CS-I) // True Copy // https://hcservices.ecourts.gov.in/hcservices/ / /2020 Sub Assistant Registrar(CS)

Gns To 1.John Kennady Additional Chief Engineer, Generation Circle(TANGEDCO) Tirunelveli.

2.A.V.Kumaravel, The Assistant Executive Engineer, Special Maintenance, Periyar Power House, Theni Distirct.

+1 CC to M/s.T.SAKTHIKUMARAN, Advocate ( SR-6485[F] Cont.P.(MD)No.53 of 2020 SMA/27/02/2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/