P.Sivarajan, v. The Secretary To Government,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT TUESDAY, THE TWENTY SECOND DAY OF JANUARY, TWO THOUSAND AND NINETEEN PRESENT THE HON'BLE MR. JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU CONTEMPT APPEAL.(MD)No.1 of 2019 S.GEETHA, DEPUTY COLLECTOR CUM DISTRICT ADI DRAVIDAR WELFARE OFFICER, TIRUNELVELI DISTRICT ..Appellant/contemnor.No.2 Vs.
T.RAVIKUMAR, WARDEN, GOVERNMENT BOYS HOSTEL (ADW), NEAR UNION OFFICE, KADAYANALLUR TENKSI TALUK, TIRUNELVELI DISTRICT NOW AS (ADW), AMBASAMUTHIRAM ..Respondent/Petitioner Prayer in CONT A(MD). No.1/ 2019 :
Contempt Appeal is filed Under Section 19 (1) of the Contempt of Court Act ,1971, praying this Honourable Court to set aside the order dated 11.01.2019 made in Cont.P(MD).No.2194 of 2017 in WP (MD).No.5475 of 2010.
Prayer in CONT P(MD).No. 2194/ 2017 :
Contempt Petition is filed Under Section 11 of the Contempt of Court Act ,1971,praying this Honourable court to punish the contemnor for wanton and willful disobedience of the order passed in W.P(MD) No.5475/10 dated 4.1.2013 .
Prayer in WP(MD).No. 5475/ 2010 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF CERTIORARIFIED MANDAMUS to call for the records on the file of the 2nd respondent in connection with the impugned order of promotion passed by him in his proceedings in Na.Ka.No. A3/14671/2008 dated 27.2.2009 in favour of the respondents 3 to 7 as Graduate Warden and quash the same as illegal and arbitrary and consequently direct the 1st and 2nd respondent to appoint the petitioner as Graduate Warden based on his eligiblity and qualification by following Rule 6 Clause II Annexure II of Tamil Nadu Adi Dravidar Welfare Subordinate service rules and based on the seniority with effect from 2009. ORDER: This Contempt Appeal is coming for hearing on this day and upon perusing the grounds of Appeal and the affidavit filed in https://hcservices.ecourts.gov.in/hcservices/ support thereof and upon hearing the arguments of Mr.C.Mayilvahana
Rajendran, Advocate for the Appellant and of Mr.G.Thalaimutharasu, Advocate for the Respondent, and this Court made the following order:
The Contempt Appeal is allowed and the order of the learned Single Judge in Contempt Petition(MD)No.2194 of 2017 in WP(MD) No.5475 of 2010 dated 11.01.2019 is set aside and the warrant issued against the Appellant is re called. We also permit the Appellant to serve a letter to the Office of the Superintendent of Police,where the warrant is pending, indicating that the Court has already recalled the warrant. Sd/ Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar(CS-IV) To T.RAVIKUMAR, WARDEN GOVERNMENT BOYS HOSTEL (ADW), NEAR UNION OFFICE, KADAYANALLUR TENKSI TALUK, TIRUNELVELI DISTRICT NOW AS (ADW), AMBASAMUTHIRAM Copy to THE SUPERINTENDENT OF POLICE, TIRUNELVELI DISTRICT, TIRUNELVELI.
+1CC TO MR.C.MAYILVAHANA REJENDRAN, ADVOCATE IN S.R.NO.42222 ORDER DATE:22.01.2019 CONTEMPT APPEAL.(MD)No.1 of 2019
ORDER
Giving Directions etc., as stated within.
KK/SV/SAR-4/21.01.2019/2P-4C https://hcservices.ecourts.gov.in/hcservices/