N.Dhasaratharaman v. Thiru. Shankar Lal Kumawat I.A.S.,
SUB A(MD). No.28 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Twenty Sixth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM SUB A(MD)No.28 of 2022 in CONT P(MD)No.89 OF 2022 N.Dhasaratharaman ... Petitioner/Petitioner/Petitioner Vs Shankar Lal Kumawat I.A.S., District Collector, Ramanathapuram District, Ramanathapuram.
... Respondent/Contemnor/Respondent Prayer in Sub A(MD)No.28 of 2022:- Sub Application filed under Section 151 of C.P.C., to re-open the C.P.(MD) No.89 of 2022 and take action to punish the respondent i.e., the District Collector, Ramanathapuram District, Ramanathapuram for his willful and deliberate disobedience to the orders of this Honourable Court dated 16.08.2021 in W.P.(MD)No.14535 of 2021 and pass such other orders as may be deemed fit and proper in the circumstances of the case and render justice.
Prayer in Cont P(MD)No.89 of 2022:- Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent for his willful and disobedience of the orders of this Court in WP (MD)No.14535 of 2021 dated 16.08.2021.
Prayer in WP(MD)No.14535 of 2021 :- Writ Petition is filed under Article 226 of the Constitution of India,to issue a Writ of Mandamus directing the respondent i.e., the District Collector, Ramanathapuram to take immediate action for disbursement of the General Provident Fund, Special Provident Fund, DCRG and Encashment of Leave Salary to the petitioner within a specified time frame that may be fixed by this Hon'ble court.
ORDER:- This Sub Application Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.Visvalingam, Advocate for the Petitioner and of Mr.A.K.Manikkam, Special https://hcservices.ecourts.gov.in/hcservices/ 1/2
SUB A(MD). No.28 of 2022 Government Pleader for the Respondent, this Court made the following order:- This petition is filed to punish the respondent for his wilful disobedience of the order passed by this Court in W.P(MD)No.14535 of 2021.
2.The learned counsel for the petitioner made a submission that the observation was passed with reference to the judgment of the Hon'ble Division Bench of this Court. However, a direction was issued to consider the representation submitted by the writ petitioner. Though the issues are decided by the Hon'ble Division Bench, the eligibility of the individuals are to be considered with reference to the service records and other particulars. Therefore, the competent authorities, based on the direction of this Court, considered the representation passed an order rejecting the claim of the writ petitioner.
3.This being the factum, the respondent has not committed any contempt of Court wilfully and intentionally and accordingly, this Petition stands closed.
Sd/- Assistant Registrar(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) TO Shankar Lal Kumawat I.A.S., District Collector, Ramanathapuram District, Ramanathapuram.
+ 1 CC to Special Government Pleader, SR.No.22375 ORDER DATED : 26/04/2022 ==========================
ORDER
========================== SUB A(MD)No.28 of 2022 in CONT P(MD)No.89 OF 2022 Giving direction and etc.
as stated within.
ks(CO) TR(05.05.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2