T.Pushparaj v. H.Malleshappa
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH T.Pushparaj ... Petitioner/Petitioner /vs./ 1.Mr.H.Malleshappa., IFS., The Principal Chief Conservator of Forests, Panagal Maligai, Saidapet, Chennai.
2.Yogesh Singh, IFS., The Chief Conservator of Forests & Field Officer, Kalakkad Mundanthurai Tiger Reserve, NGO Colony, Tirunelveli -627 007.
3.Ashok Kumar., IFS., The District Forest Officer, Kanyakumari District, Nagercoil, Kanyakumari District.
4.Mr.Elango, The Deputy Director & wildlife Warden, Kalakkad Santuary, No.3 Jawahar Street, Kalakkad-627 002.
... Contemnors / Respondents PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to punish the contemnors i.e., the Respondents 1 to 4 for their deliberate and willful disobedience of the order of this Court made in W.P(MD) No.5296 of 2019 dated 20.01.2020.
PRAYER IN W.P(MD) No.5296 of 2019 : 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 pertaining to the impugned proceedings of the third respondent dated 23.02.2015 bearing No.Se.Mu.Aanai.No.11671/2014/Pa2 and quash the same in so far as the portion of order fixing the date 02.01.2015 as crucial date for receiving the arrears by the petitioner and consequently direct the respondents to confer 1/3
notional promotion as Forest Watcher with effect from the year 1995 and consequential promotions and monetary benefits as per the seniority list drawn in the year 1994-1995 on the petitioner. For Petitioner : Mr.A.Ananda Raj For Contemnors : Mrs.V.P.M.Vaishnavi Government Advocate
ORDER
It is submitted by the learned Government Advocate for the respondents that the order of the Writ Court has appealed in W.A (MD) No.231 of 2021. Since the order of this Court has already been appealed, no useful purpose would be served by keeping the contempt petition pending.
2.Nevertheless, if the petitioner is granted liberty to work out his rights subject to the out come of the writ appeal order, the ends of justice could be secured.
3.In the light of the above observations, this Contempt Petition stands closed with liberty to the petitioner to file a fresh contempt subject to the decision in the writ appeal. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) cp 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.Mr.H.Malleshappa., IFS., The Principal Chief Conservator of Forests, Panagal Maligai, Saidapet, Chennai.
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2.Mr.Yogesh Singh, IFS., The Chief Conservator of Forests & Field Officer, Kalakkad Mundanthurai Tiger Reserve, NGO Colony, Tirunelveli -627 007.
3.Mr.Ashok Kumar., IFS., The District Forest Officer, Kanyakumari District, Nagercoil, Kanyakumari District.
4.Mr.Elango, The Deputy Director & wildlife Warden, Kalakkad Santuary, No.3 Jawahar Street, Kalakkad-627 002.
+1 CC to SPL GP ( SR-6685[F] dated 23/02/2021 ) 18.02.2021 KM (05.03.2021) 3P 6C 3/3