Madras High CourtCONT P(MD)/860/2019closed

A.Abiraham v. J.L.Ananth

2021-08-27Honourable Mr Justice D. Krishnakumar2 pages

Cont.P.(MD) No.860 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.08.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR Cont.P.(MD) No.860 of 2019 A.Abiraham ... Petitioner/ Petitioner/ Petitioner Vs.

Mr.J.L.Ananth, Superintending Engineer (in-charge) TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.

... Contemner/ Respondent/ Respondent PRAYER: Contempt Petition filed under Section 11 of Contempt of Courts Act, to punish the contemnor/respondent for his wanton and willful disobedience of the order passed by this Court in W.M.P.(MD) No. 8195 of 2019 in W.P.(MD)No.10702 of 2019 dated 27.04.2019. Prayer in WP(MD). 10702/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari calling for the records relating to the impugned Show Cause Notice issued by the 1st respondent vide Ku.Aa.No.001494/079/Ni.Pi.4/Vu.1/ Ko.Ozhunghu Nadavadikkai/2018 dated 12.02.2019 (Served on 12.03.2019) and quash the same as illegal For Petitioner : Mr.I.Pinaygash For Respondent :

Mr.T.Sakthikumaran, Standing Counsel.

O R D E R

The present Contempt Petition has been filed alleging non compliance of the order dated 27.04.2019 made in W.M.P.(MD) No. 8195 of 2019 in W.P.(MD)No.10702 of 2019.

2. The learned counsel appearing for the petitioner submitted that this Court, by order dated 27.04.2019, granted an order of interim stay for a period of four weeks. The petitioner has communicated the said order to the respondent and also sent a representation on 29.04.2019. However, the respondent by order dated 25.04.2019, has passed the final order. According to the petitioner, the aforesaid order passed by the respondent is a https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P.(MD) No.860 of 2019 predated order.

3. From the perusal on records, it is seen that no acknowledgement card has been enclosed in the typed set of papers with regard to the representation sent by the petitioner dated 25.04.2019.

4. In view of the above, with regard to the final order passed by the respondent, it is for the petitioner to work out his remedy before the appropriate forum. Sofaras the Contempt Petition is concerned, this Court is not inclined to accept the contention of the petitioner. Hence, this Contempt Petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.Superintending Engineer (in-charge) TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.

2.The Assistant Executive Engineer/Enquiry officer, TANGEDCO, Distribution/Rural, Tirunelveli-11. Chennai-600 008.

+1 CC to M/s.T.SAKTHI KUMARAN, Advocate ( SR-27592[F] dated 27/08/2021 ) Cont.P.(MD) No.860 of 2019 27.08.2021 RD(9.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2