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Madras High CourtCONT P(MD)/513/2020closed

S.Sivaperumal v. J.K.Tirupathy,

2020-09-08Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2020

CORAM

THE HON'BLE MRS.JUSTICE J.NISHA BANU in W.P.(MD).No.2886 of 2020 S.Sivaperumal ... Petitioner/Petitioner -Vs1. J.K.Tripathy, I.P.S., Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2.P.Kandaswamy, I.P.S., Additional Director General of Police (Administration), Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3. Sailesh Kumar Yadav, I.P.S., Additional Director General of Police, (Social Justice and Human Rights), Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

4. V.Varadharaju, I.P.S., Commissioner of Police, Trichy City Police, Trichy.

5. P.Anbarasan, Automobile Engineer, Regional Police Transport Workshop, Trichy - 620 012.

... Respondents/Contemnors Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, praying to punish the contemnors / respondents for their wanton and willful disobedience in complying with the order dated 16.03.2020 passed by this Court in W.P.(MD). No.2886 of 2020. 1/3

Prayer in WP(MD). 2886/ 2020 :

Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order C.No.001176/NGB2(1)/ 2020 dated 06.02.2020 passed by the 2nd respondent and the consequential Transfer and Relieving order C.No.A1/65/2020W.O.No.04/2020 dated 06.02.2020 passed by the 5th respondent and quash the same and consequently, direct the 2nd respondent to post the petitioner in the vacant post of Superintendent existing in the 4th respondent office on humanitarian grounds within a time limit to be fixed by this Hon'ble Court.

For petitioner : Mr.A.Thirumurthy For respondents 1 to 4 : Mr.G.Arjunan, Government Advocate

ORDER

The petitioner has come up with this contempt petition alleging that the respondents have not complied with the order of this Court, dated 16.03.2020 in W.P.(MD). No.2886 of 2020. In the said order, this Court, after setting aside the impugned transfer order, had directed the respondents herein to post the petitioner in his original place of duty and to pass such posting order forthwith.

2. Today, when the matter came up for hearing, Mr.G.Arjunan, learned Government Advocate appearing for the respondents 1 to 4 submitted that the respondents 1 to 4 have filed writ appeal as against the order passed in the writ petition and a Division Bench of this Court, by order dated 04.09.2020, has allowed the Writ Appeal and therefore, nothing survives for adjudication in this petition.

3. Recording the above submission of the learned Government Advocate, this Contempt Petition is closed. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) gcg 2/3

To

1. The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2. The Additional Director General of Police (Administration), Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3. The Additional Director General of Police, (Social Justice and Human Rights), Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

4. The Commissioner of Police, Trichy City Police, Trichy.

5. The Automobile Engineer, Regional Police Transport Workshop, Trichy - 620 012.

+1 CC to the Spl GP ( SR-16199[F] dated 08/09/2020 ) in W.P.(MD).No.2886 of 2020 08.09.2020 CS(15.09.2020) 3P 7C 3/3