Madras High CourtCONT P(MD)/344/2021closed

R.Manoharan, v. S.Visagan

2022-08-08Honourable Mr Justice G. Chandrasekharan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE G. CHANDRASEKHARAN in W.P(MD)No.1558 of 2013 R.Manoharan, : Petitioner Vs S.Visagan, Commissioner, Madurai Coroporation, Madurai.

: Respondent PRAYER: Contempt Petition filed under Section 10 of the Contempt of Courts Act, to punish the respondent herein for his willful and wanton disobedience of the orders passed by the Honble High Court in W.P(MD).No.1558 of 2013 dated 26-02-2020 under the contempt of Courts Act For Petitioner : M/s.S.Vijayashanthi, For Respondent : Mr.J.S.Mohamed Mohideen

O R D E R

************* Alleging wilful disobedience of the order passed by this Court in W.P.(MD)No.1558 of 2013, this Contempt Petition has been filed. 2.When the matter is taken up for hearing today, the learned Counsel appearing for the respondent submitted that the respondent filed an appeal in W.A(MD)No.899 of 2021 against the order passed in W.P(MD)No.1558 of 2013 and the same was allowed on 24.04.2021, with the direction to the appellant/Corporation to pay the Subsistence Allowance at the admissible rates continuously till the conclusion of the departmental proceedings and till the final orders are passed. If there is any arrears of Subsistence Allowance, it is to be paid and only thereafter, the departmental proceedings will be continued. In view of the aforesaid order passed, this contempt petition cannot be continued and necessarily has to be closed.

3.The learned Counsel appearing for the petitioner submitted that even after the judgment passed in the said writ appeal, the departmental

proceedings is not completed. If that be the case, liberty is given to the petitioner to approach the writ appellate Court for appropriate remedy in the manner known to law.

4.With the above observation, this contempt petition stands closed. 08.08.2022 Index:Yes/No Internet:Yes/No lr 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 The Commissioner, Madurai Coroporation, Madurai.

G. CHANDRASEKHARAN , J.

lr ORDER MADE IN 08.08.2022