K.Gopalakrishnan v. Dr.P.Senthil Kumar, Ias
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2025
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND in W.P(MD)No.15339 of 2024 K.Gopalakrishnan ... Petitioner Vs.
1. Dr.P.Senthil Kumar, I.A.S., The State of Tamil Nadu, Rep., by its Additional Chief Secretary to Government, Environment, Climate Change and Forest Department, Secretariate Fort St. George, Chennai Tamil Nadu State - 600 009.
2. Srinivas R. Reddy, I.F.S., The Principal Chief Conservator of Forest & Head of Forests Velachery Main Road, Guindy, Chennai - 600 032.
Tamil Nadu State.
... Respondents Prayer : Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to issue a notice of contempt to the respondents for not obeying the orders of this Court passed in W.P(MD)No.15339 of 2024 dated 10.07.2024 before this Court and punish the respondents in accordance with law. 1/6
For Petitioner : Mr. I.Kanna Patel For Respondents : Mr. M.Ajmal khan Additional Advocate General - I assisted by D.Farjana Ghoushia Special Government Pleader
ORDER
This contempt case has been filed complaining willful disobedience of the order dated 10.07.2024 in W.P.(MD)No.15339 of 2024.
2. While allowing the writ petition, this Court directed the respondents to regularize the service of the petitioner notionally after the completion of 10 years of service from the date of initial appointment as Plot Watcher and count the same along with the regular service for the purpose of pensionary benefits in the light of the order of the Hon'ble Supreme Court within a period of four weeks from the date of receipt of a copy of the order.
3. The counter affidavit has been filed on behalf of the respondents, wherein, it is stated that in order to comply with the above order, dated 10.07.2024, a proposal was sent to the Government by the Principal Chief Conservator of Forests on 27.02.2025 and the Government has issued G.O. 2/6
(2D)No.32, Environment, Climate Change and Forests (FR.2.(ii)) Department, dated 28.02.2025 regularizing the service of the petitioner subject to the out come of the writ appeal.
4. The learned senior counsel appearing for the respondents would submit that admittedly there is a delay in implementing the order of this Court within a time stipulated by this Court. The delay has been occurred due to the reason that the service particulars of the petitioner has been obtained from the various subordinates, wherein, he was worked. The learned senior counsel also submit that the respondents have tendered unconditional apology for the delay in their counter affidavit filed before this Court. The learned senior counsel further contends that by taking lenient view, this contempt petition may be closed.
5. Considering the fact that the Government has issued an order for regularizing the service of the petitioner vide G.O.(2D)No.32, Environment, Climate Change and Forests (FR.2.(ii)) Department, dated 28.02.2025 and Considering the reasons stated for the delay in the counter affidavit and unconditional apology tendered by the respondents as bonafide, this Court 3/6
intends to take lenient view for the delay caused in implementing the order of this Court.
6. In view of the above, in my considered view, no further adjudication is required in the present contempt petition.
7. Accordingly, this contempt petition is closed. 19.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes gvn 4/6
To
1. Dr.P.Senthil Kumar, I.A.S., The Additional Chief Secretary to Government, Environment, Climate Change and Forest Department, Secretariate Fort St. George, Chennai Tamil Nadu State - 600 009.
2. Srinivas R. Reddy, I.F.S., The Principal Chief Conservator of Forest & Head of Forests Velachery Main Road, Guindy, Chennai - 600 032.
Tamil Nadu State.
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BATTU DEVANAND, J.
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