S.Jothindra Geeth Prakash v. Kumar Jayant I.A.S.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Fourteenth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice R.SURESH KUMAR and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN IN CONT P(MD) No.1238 of 2021 S.JOTHINDRA GEETH PRAKASH ... PETITIONER/PETITIONER/ RESPONDENT Vs 1 KUMAR JAYANT I.A.S.
PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, CHENNAI-600 009.
2 K.PHANINDRA REDDY IAS, COMMISSIONER OF REVENUE ADMINISTRATION EZHILAGAM, CHAPAUK, CHENNAI-600 005 3 M.ARVIND IAS, THE DISTRICT COLLECTOR, KANYAKUMARI DISTRICT @ NAGERCOIL. ... RESPONDENTS/CONTEMNORS/ APPELLANTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to reopen the Cont.P(MD) No 1238 of 2021 which was closed on 25.11.2022 and take action to punish the respondents i.e.,The Principal Secretary to Government, Revenue Department, Chennai, The Commissioner of Revenue Administration, Chennai and the District Collector, Kanyakumari for their willful and deliberate disobedience to the orders of this Honourable Court dated 27.01.2021 in WA(MD) No.1033 of 2020 and pass such other orders as may be deemed fit and proper in the circumstances of the case and thus render justice. PRAYER IN CONT P(MD) No.1238 of 2021:
To punish the respondents for their willful and deliberate disobedience to the orders of this Honble Court in WA(MD)No.1033 of 2020 dated 27.01.2021.
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Prayer in in WA(MD)No.1033 of 2020 :
To allow the writ appeal and set aside the order passed by the learned Judge, dated 25.04.2019 made in WP(MD)No.10090 of 2019 on the file of this Court.
Prayer in WP(MD). 10090/ 2019 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue Writ of Mandamus, directing the first respondent i.e., the Secretary to Government, Revenue Department, Chennai to sanction the General Provident Fund, Special Provident Fund and Encashment of Leave Salary to the petitioner within a specified time frame that may be fixed by this Honourable Court.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. S. VISVALINGAM, Advocate for the petitioner and of M/S.A.K.MANIKKAM, Special Government Pleader on behalf of the Respondents the court made the following order:- (Order of the Court was made by R.SURESH KUMAR, J.) By order, dated 08.06.2023, we directed the respondents to file a compliance report about the full compliance of the order of the Hon'ble Division Bench of this Court, dated 27.01.2021.
2. However, today, when this application is taken up for hearing, Mr.A.K.Manikkam, learned Special Government Pleader appearing for the respondents would submit that the order has not been fully complied with which means that the earned leave salary has not been calculated and paid to the petitioner.
3. Therefore, it shows that there was no full compliance and hence, the petitioner is entitled to revive the contempt petition as per the order dated 08.06.2023. Accordingly, this Sub-Application is ordered and the main Contempt Petition is revived. sd/- 14/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 KUMAR JAYANT I.A.S.
PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, CHENNAI-600 009.
2 K.PHANINDRA REDDY IAS, COMMISSIONER OF REVENUE ADMINISTRATION EZHILAGAM, CHAPAUK, CHENNAI-600 005 3 M.ARVIND IAS, THE DISTRICT COLLECTOR, KANYAKUMARI DISTRICT @ NAGERCOIL.
ORDER
IN IN CONT P(MD) No.1238 of 2021 Date :14/06/2023 RK/CG/SAR- (21/06/2023) 3P/4C 3/3