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Madras High CourtCONT P(MD)/589/2020closed

N. Velu v. Dr.S.Swarna

2022-04-20Honourable Mr Justice S.M. Subramaniam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM in W.P.(MD) Nos.2044 & 3901 of 2020 Cont.P.(MD) No.589 of 2020:

1.N.Velu 2.V.Mounbatten 3.N.S.Kannan 4.M.Arumugam @ Selvakumar 5.M.Subbiah 6.R.Muneeswaran ... Petitioners -vs- Government of Tamil Nadu rep.by its Principal Secretary P&AR Department Fort St.George, Chennai-9 [R2 deleted vide Court Order dated 17.09.2021] 3.Phanindra Reddy, I.A.S., Commissioner for Revenue Administration Chepauk, Chennai-5 4.Dr.T.G.Viney, I.A.S., District Collector Madurai District 5.P.Selvaraj District Revenue Officer Madurai District ... Respondents PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act praying to punish the respondents for the willful disobedience of the order, dated 03.02.2020, passed by this Court in W.P.(MD) No.2044 of 2020.

1/4

Prayer in WP(MD). 2044/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Direct the respondents to re-fixation of seniority list of Revenue Assistants based on the marks/ranks scored by the petitioners in the CSSE-1 Examinations, 2009-2011 conducted by the Tamilnadu Public Service Commission and promote the petitioners to the post of Deputy Tahsildar based on their respective mark/rank in the light of the judgments rendered by our Honourable High Court in N.Santhosh Kumar and others Vs. Tamilnadu Public Service Commission and others dated 31.03.2015 reported in (2015) 4 MLJ 281 and in W.P.No. 998 of 2017, K.Raja and others Vs The Additional Chief Secretary and Others. dated 15.11.2019 and on the basis of the petitioners representation dated 12.12.2019.

For Petitioners :

Mr.G.Kannan for M/s.Veera Associates For Respondents :

Mr.N.Satheesh Kumar Additional Government Pleader for R1 & R3 to R5 Cont.P.(MD) No.622 of 2020:

M.Dharmalingam ... Petitioner -vs- Government of Tamil Nadu rep.by its Principal Secretary P&AR Department Fort St.George, Chennai-9 [R2 deleted vide Court Order dated 28.02.2022] 3.Phanindra Reddy, I.A.S., Commissioner for Revenue Administration Chepauk, Chennai-5 4.Dr.T.G.Viney, I.A.S., District Collector Madurai District 5.P.Selvaraj District Revenue Officer Madurai District ... Respondents PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act praying to punish the respondents for the willful disobedience of the order, dated 26.02.2020, passed by this Court in 2/4

W.P.(MD) No.3901 of 2020.

Prayer in WP(MD). 3901/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to direct the respondents to re-fixation of seniority list of Revenue Assistants based on the marks/ranks scored by the petitioner in the CSSE-I Examinations 2009-2011 conducted by the Tamil Nadu Public Service Commission and promote the petitioner to thepost of Deputy Thasildar based on his respective mark/rank in the light of the judgments rendered by our Honble High Court in N.Santhosh Kumar and Others vs.Tamil Nadu Public Service Commission and others dt 31.3.2015 reported in (2015) 4 MLJ 281 IN WP.NO.998/2017 K.Raja ad others vs.The Additional Chief Secretary and Others dt 15.11.2019 and on the basis of the petitioner representation dt 29.1.2020 and 17.2.2020 For Petitioner :

Mr.G.Kannan for M/s.Veera Associates For Respondents :

Mr.N.Satheesh Kumar Additional Government Pleader for R1 & R3 to R5 C O M M O N O R D E R These contempt petitions have been filed alleging wilful disobedience of the orders in W.P.(MD) No.2044 & 3901 of 2020, dated 03.02.2020 and 26.02.2020 respectively.

2. The learned Additional Government Pleader appearing for the respondents 1, 3 to 5 made a submission that the issue involved in this matter was taken upto the Honourable Supreme Court and the Apex Court passed an order on 22.01.2022 in S.L.P.No.2886 of 2016 and the Judgment of the Apex Court has been implemented by the District Collector, Madurai, vide proceedings dated 13.04.2022.

3. In view of the fact that seniority list has already been published pursuant to the orders of the Honourable Supreme Court, no further consideration is required in the present contempt petitions. Accordingly, the contempt petitions are closed. However, if any grievance exists, the petitioners are at liberty to redress the same in the manner known to law.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) krk 3/4

To:

Principal Secretary, Government of Tamil Nadu, P&AR Department, Fort St.George, Chennai-9.

2.Mr.Phanindra Reddy, I.A.S., Commissioner for Revenue Administration, Chepauk, Chennai-5.

3.Dr.T.G.Viney, I.A.S., District Collector, Madurai District.

4.Mr.P.Selvaraj, District Revenue Officer, Madurai District.

+2 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-20168 & 20167[F] dated 21/04/2022 ) +1 CC to M/s.SPL.G.P ( SR-20313 & 20312[F] dated 21/04/2022 ) in W.P.(MD) Nos.2044 & 3901 of 2020 20.04.2022 (1/2) srk(CO) TR(26.04.2022) 4P 8C 4/4