T.Velayutha Perumal v. K. Balachandran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN T.Velayutha Perumal ... Petitioner / Petitioner -Vs1.K.Balachandran, The State of Tamil Nadu, Represented by Secretary to Government, Commercial Tax Department, Fort St. George, Chennai-9.
2.Atulya Misra, Secretary to Government, Government of Tamil Nadu, Revenue Department, Secretariat, Chennai-9.
3.M.A.Siddique, The Principal Secretary / Commercial Tax Commissioner, Commercial Tax Department, Chepauk, Chennai-5.
4.T.Padmavathi, The Joint Commissioner, Commercial Tax Department, Tirunelveli.
5.Ajeezha M.John, The Commercial Tax Officer, Office of Commercial Tax Office, Tirunelveli Bazaar, Tirunelveli.
... Respondents / Respondents Prayer: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to initiate action against the respondents for imposing suitable punishment for having committed willful disobedience to the order passed by this Court in W.P.(MD)No.4145 of 2011, dated 16.08.2018.
Prayer in WP(MD). 4145/ 2011 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of 1/3
Certiorarified Mandamus, calling for the records of the 3rd respondent passed in Lr.No.V3/36146/2010 dated 19.10.2010 and quash the same illegal arbitrary and unenforceable and consequently direct the respondents to take into consideration of the entire period of service of petitioner in Survey Department from the date of his appointment i.e. on 24.12.1983 along with the service of petitioner in the commercial taxes department for the purpose of calculating his pension and other service benefits due to him.
For Petitioner : Mr.M.R.S.Prabhu For Respondents : Ms.J.Padmavathi Devi, Special Government Pleader.
ORDER
It is represented by the learned counsel appearing for the petitioner that a Writ Appeal in W.A.(MD)No.557 of 2020 has been preferred by the respondents herein, which is pending. He has submitted that this Contempt Petition may be closed with liberty to agitate the matter in accordance with law. 2.It is needless to mention that no orders are required at this stage, as the Writ Appeal is pending. Depending upon the outcome of the Writ Appeal, the petitioner can work out his remedy, if he has benefit of the order.
3.Accordingly, this Contempt Petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Myr 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.
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To 1.K.Balachandran, The Secretary to Government, State of Tamil Nadu, Commercial Tax Department, Fort St. George, Chennai-9.
2.Atulya Misra, Secretary to Government, Government of Tamil Nadu, Revenue Department, Secretariat, Chennai-9.
3.M.A.Siddique, The Principal Secretary / Commercial Tax Commissioner, Commercial Tax Department, Chepauk, Chennai-5.
4.T.Padmavathi, The Joint Commissioner, Commercial Tax Department, Tirunelveli.
5.Ajeezha M.John, The Commercial Tax Officer, Office of Commercial Tax Office, Tirunelveli Bazaar, Tirunelveli.
05.11.2020 VR(CO) KM (18.11.2020) 3P 6C 3/3