Madras High CourtCONT P(MD)/412/2020closed

P.Suresh v. Arumugam

2020-09-02Honourable Mr Justice R. Suresh Kumar2 pages

CONT.P.(MD)No.412 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2020

CORAM:

THE HON'BLE MR.JUSTICE R.SURESH KUMAR CONT.P(MD)No.412 of P.Suresh ... Petitioner/ Petitioner Vs.

Arumugam, Commissioner, Gudalur Municipality, Uthamapalayam Taluk, Theni District.

... Contemnor / 3rd Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the Contemnor/ 3rd respondent for his willful disobedience of the order of this Court made in W.P.(MD) No.330 of 2020 dated 08.01.2020.

Prayer in WP(MD). 330/ 2020 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a writ of mandamus Directing the respondents to regularize service of the petitioner to the post of Sanitary Worker in the 3rd respondent Municipality by taking into consideration of the long tenure of service rendered by the petitioner as a Sanitary Worker with all monetary and service benefits in view of the notice dated 18.12.2019 issued by the 3rd respondent municipality in Na.Ka.No.878/2019/C1, calling for application for new appointment to the post of Sanitary Worker and the same was published in the Tamil Daily namely Makkal Mugam dated 19.12.2019.

For Petitioner : Mr.A.Saravanan For Respondent : Mr.K.P.Krishnadoss, Standing counsel

O R D E R

This Contempt Petition has been filed for the alleged noncompliance of the orders passed by this Court in W.P.(MD) No.330 of 2020, dated 08.01.2020.

2. Heard Mr.A.Saravanan, learned counsel appearing for the petitioner and Mr.K.P.Krishnadoss, learned standing counsel appearing for the respondent.

3. In the order dated 08.01.2020, this Court passed the following interim order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CONT.P.(MD)No.412 of 2020 "Any admission made that would be subject to the result of this writ petition."

So, the effect of the impugned order is only that, if any admission is made already or during the interregnum, pending disposal of the writ petition, such admission would be subject to the result of the writ petition after final hearing.

4. Considering the nature of the order as referred to above, this Court feels that, there could be no contempt on the part of the respondent, even if allegedly they made any admission.

5. In that view of the matter, this Court feels that, no issues can be adjudicated in this contempt petition, accordingly, the Contempt Petition is closed.

Sd/- Assistant Registrar (CSIII) // True Copy // / /2020 Sub Assistant Registrar(CS) sts To Arumugam, Commissioner, Gudalur Municipality, Uthamapalayam Taluk, Theni District.

CONT.P(MD)No.412 of 2020 02.02.2020 KB(16.09.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2