Madras High CourtCONT P(MD)/548/2021closed

M.Murugan, v. K.S.Venkatasubramanian, ,

2023-08-14Honourable Mr Justice S.S. Sundar,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY in W.P.(MD) No.5792 of 2020 M.Murugan ... Petitioner -vs1.Mr.K.S.Venkatasubramanian, Principal General Manager, Bharat Sanchar Nigam Limited, No.2, V.P. Rathinasamy Nadar Road, Bibikulam, Madurai - 625 002.

2.Mr.Otem Dai, I.A.S., Chairman, State Level Scrutiny committee, Additional Secretary to Government, Adi-Dravidar and Tribal Welfare (CV3) Dept., Secretariat, Chennai - 600 009.

... Respondents PRAYER : Petition filed under Section 11 of Contempt of Courts Act, praying to punish the Contemnors / Respondents for contempt for wilfully disobeying the order of this Hon'ble Court in W.P.(MD) No.5792 of 2020 dated 20.03.2020.

For Petitioner : Ms.P.Kalaiyarasi Bharathi For 2nd Respondent : Mr.D.Suchi Kumar Additional Government Pleader

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] The Contempt Petition is filed alleging wilful disobedience of the order of this Court dated 20.03.2020 made in W.P.(MD) No.5792 of 2020.

2. In the Writ Petition filed by the petitioner in W.P.(MD) No.5792 of 2020, a direction was issued to the second respondent herein to complete the enquiry proceedings pending for verification of the petitioner's community certificate within a period of three months. There were further directions to the effect that if the second respondent herein confirms the community certificate, the petitioner is entitled to approach the first respondent herein for disbursement of retirement benefits without reference to any further enquiry and the first respondent was directed to disburse the retirement benefits to the petitioner.

3. Learned counsel for the petitioner would submit that the petitioner is no more and she is unable to contact the petitioner's legal heirs.

4. Having regard to the facts and circumstances, the Contempt Petition cannot be prosecuted as the respondents are not in a position to comply with the directions of this Court. In such circumstances, it is appropriate to close the Contempt Petition.

5. Accordingly, the Contempt Petition is closed. [S.S.S.R, J.] [D.B.C., J.] 14.08.2023 Index : Yes / No sj To 1.Mr.Otem Dai, I.A.S., Chairman, State Level Scrutiny committee, Additional Secretary to Government, Adi-Dravidar and Tribal Welfare (CV3) Dept., Secretariat, Chennai - 600 009.

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

sj .

14.08.2023