Madras High CourtCONT P(MD)/153/2020closed

T.K.Naganathan v. P.Senthilkumar, I.A.S

2020-02-14Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran2 pages

Cont.P.(MD) No.153 of 2020 in W.P.(MD) No.14604 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN Cont.P.(MD) No.153 of 2020 in W.P.(MD) No.14604 of 2017 T.K.Naganathan ... Petitioner -vsP.Senthilkumar, I.A.S.

The Principal Secretary to Government Public (Political Pension 2) Department St.George Fort, Chennai-09 ... Respondent PRAYER: Petition filed under Section 11 of Contempt of Courts Act, 1971, to punish the contemnor herein for his deliberate and willful conduct of disobeying the order dated 05.11.2019, passed by this Court in W.P.(MD) No.14604 of 2017.

Prayer in WP(MD). 14604/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of the 1st respondent dated 13.03.2017 in Letter 35148/A.O 2/2016-6 and consequential impugned proceedings of the 2nd respondent dated 31.03.2017 in Na.Ka.G2/45768/2016 and quash the same and consequently direct the 1st respondent to grant political pension to the petitioner on par with his brothers and sister and other relatives with effect from the date of passing the G.O.No. 36 Public (Political Pension 2) Department dated 08.01.2003 within a time frame as fixed by this Honble Court.

For Petitioner : Mr.R.Gowrishankar For Respondent : Mr.V.R.Shanmuganathan Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P.(MD) No.153 of 2020 in W.P.(MD) No.14604 of 2017

O R D E R

[Order of the Court was made by M.DURAISWAMY, J.] The petitioner has filed the above contempt petition to punish the respondent / contemnor for his deliberate and wilful conduct of disobeying the order, dated 05.11.2019, passed by this Court in W.P.(MD) No.14604 of 2017.

2. On a perusal of the order passed in the writ petition, it could be seen that this Court has only directed the respondent to consider the recommendations of the District Collector and pass orders on merits and in accordance with law and this Court has not given any positive direction to the respondent to accept the case of the petitioner.

3. Now, it is brought to the notice of this Court that the respondent has passed an order, dated 09.12.2019, rejecting the claim of the petitioner. Therefore, we are of the view that the respondent has not committed any act of contempt.

4. In such view of the matter, the contempt petition is closed. However, it is open to the petitioner to challenge the order, dated 09.12.2019, passed by the respondent, in accordance with law.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2020 Sub Assistant Registrar(CS) To P.Senthilkumar, I.A.S., The Principal Secretary to Government, Public (Political Pension 2) Department, St.George Fort, Chennai-09.

+1 CC to M/s.Special Govt.Pleader ( SR-6619[F] dated 17/02/2020 ) Cont.P.(MD) No.153 of 2020 in W.P.(MD) No.14604 of 2017 14.02.2020 krk SDS (24.02.2020) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2