S.Mohamed Ali v. Shambu Kallolikar Ias
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2022
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY in W.P.(MD)Nos. 2386 & 2686 of 2015 S.Mohamed Ali ... Petitioner/Petitioner in CONT.P(MD)No.683 of 2022 V.S.Pannirchelvan ... Petitioner/Petitioner in CONT.P(MD)No.716 of 2022 vs.
Mr.Shambu Kallolikar, I.A.S., Additional Chief Secretary to Government, Social Welfare and Nutritious Department, Secretariat, Chennai - 600 009.
... Respondent/Contemnor in both Contempt Petitions COMMON PRAYER: Petition filed under Section 11 of the Contempt of Court Act, 1971, to punish the contemnor/respondent for his willful and deliberate disobedience to the orders of this Court W.P(MD)Nos.2386 & 2686 of 2015, dated 21.09.2020.
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In both Contempt Petitions:
For Petitioner : M/s.S.Visvalingam For Respondent : M/s.Veera Kathiravan, Additional Advocate General, assisted by, M/s.D.Farjana Ghoushia, Special Government Pleader COMMON ORDER These Contempt Petitions are filed alleging contempt of the order passed in W.P(MD)Nos.2386 & 2686 of 2015 dated 21.09.2020.
2. This Court has passed an order in W.P(MD)Nos.2386 & 2686 of 2015, vide order, dated 21.09.2020, wherein the following orders are passed. ........
" 4.On the recommendation made by the second respondent on the factual position, this could be sufficient to direct the first respondent to consider the recommendation forwarded by the second respondent and pass suitable order.
5. Since a portion of prayer has been complied with, it is suffice to issue a direction to the first respondent 2/5
to pass orders on the recommendation made by the second respondent, within a period of twelve weeks from the date of receipt of a copy of this orer. Accordingly, these writ petitions are allowed to the extent indicated above. No Costs. Consequently, connected miscellaneous petition is closed. "
3. Since the Commissioner has already recommended, this Court directed the Secretary to Government, Social Welfar and Nutritious Department, and pass order, within a period of 12 weeks from the date of receipt of copy of the order.
4. Today, when the matter is taken up for hearing, the learned Additional Advocate General submitted a letter, dated 26.09.2022, wherein the claim of the petitioner was rejected and the letter also directed the Commmissioner to communicate the decision of the Government to the Petitioner, vide letter dated 30.09.2022. Therefore, there is no contempt as alleged. 3/5
5. In view of the aforesaid submission, this Contempt Petitions are closed. The petitioner is at liberty to challenge both the orders passed by the Government as well as the Commissioner.
18.10.2022 Index : Yes / No Internet : Yes ksa 4/5
S.SRIMATHY, J ksa Common Order made in CONT. P(MD)Nos.683 & 716 of 2022 18.10.2022 5/5