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Madras High CourtCMP(MD)/4897/2019closed

Pannindra Reddy, Secretary To v. J.Vijayakumar, Assistant (Rtd)

2019-09-05Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fifth day of September Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice T.S.SIVAGNANAM and The Hon`ble Mrs.Justice R.THARANI IN CONT A(MD) No.8 of 2019 1 PANNINDRA REDDY, I.A.S., SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY (CORP 4) DEPARTMENT, FORT ST.GEORGE, CHENNAI-9 2 PRAKASH COMMISSIONER OF MUNICIPAL ADMINISTRATION, CHEPAUK, CHENNAI-5 ... APPELLANTS/CONDOMNER 1 & 2 Vs 1 J.VIJAYAKUMAR, ASSISTANT (RTD), SOUTH ZONE, MADURAI MUNICIPAL CORPORATION MADURAI.

2 DR.ANIES SEKAR,I.A.S., FORMER COMMISSIONER, MADURAI MUNICIPAL CORPORATION, MADURAI PRESENTLY WORKING AS EXECUTIVE DIRECTOR, TAMIL NADU INDUSTRIAL DEVELOPMENT CORPORATION (TIDCO), 19-A, RUKMANI LAKSHIPATHY ROAD, EGMORE, CHENNAI. ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Stay all further proceedings of the orders made in Cont.Pet.(MD) No.86 of 2017 dated 07.03.2019 pending disposal of the above CONT A (MD) No.8 of 2019.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing 1/3

the arguments of MR.A.K.BASKARA PANDIAN, Special Government Pleader, for the petitioner and of MR.G.ELANCHEZHIYAN(CAVEATOR)FOR R1, the court made the following order:- [Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.A.K.Basakara Pandian, learned Special Government Pleader, who accepts notice for the appellants.

2. The contempt appeal has been filed challenging the order passed in the contempt petition No.86 of 2017 filed by the first respondent herein. The first respondent viz., Mr.J.Vijayakumar, is an Assistant in the Madurai Municipal Corporation. The first respondent had filed writ petition which pertaining to his seniority and it is stated that the writ petition was allowed as against which writ appeal in W.A.(MD)No.1411 of 2016 was filed and the same was dismissed on 27.07.2018 and certain directions were issued.

3. It is the submission of the learned Special Government Pleader that the directions issued by the Hon'ble Division Bench of this Court have been scrupulously followed. There is no case of contempt.

4. We are informed that already the Commissioner of Madurai Municipal Corporation had filed a Cont.A.(MD)No.5 of 2019 and the same was entertained and an order of interim stay was also granted.

5. In the light of the above, there shall be an order of interim stay till the disposal of the contempt appeal.

6. Notice.

sd/- 05/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PANINDRA REDDY, IAS, SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY (CORP 4) DEPARTMENT, FORT ST, GEORGE, CHENNAI 9.

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2 PRAKASH, IAS, COMMISSIONER OF MUNICIPAL ADMINISTRATION, CHEPAUK, CHENNAI 5.

3 DR.ANIES SEKAR,I.A.S., FORMER COMMISSIONER, MADURAI MUNICIPAL CORPORATION, MADURAI PRESENTLY WORKING AS EXECUTIVE DIRECTOR, TAMIL NADU INDUSTRIAL DEVELOPMENT CORPORATION (TIDCO), 19-A, RUKMANI LAKSHIPATHY ROAD, EGMORE, CHENNAI. +1. C.C. to M/S.SPL GOVT PLEADER Advocate SR.No.85648

ORDER

IN IN CONT A(MD) No.8 of 2019 Date :05/09/2019 TR/PN/SAR-II (16.09.2019) 3P 5C 3/3