P.Subbulakshmi v. Dinkar Kumar

Contempt Petition(MD)No.1215 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2019

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Contempt Petition(MD)No.1215 of 2019 P.Subbulakshmi ... Petitioner/Petitioner Vs.

1.Dinkar Kumar, The Conservator of Forest, Tirunelveli Zone, Tirunelveli - 7.

2.Thirumal, The District Forest Officer, Tirunelveli District, Tirunelveli.

... Contemnors/Respondents Prayer : Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents/contemnors for their wilful disobedience of the order passed by this Court in W.P(MD)No.9394 of 2014, dated 29.08.2018.

Prayer in WP(MD). 9394/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus calling for the records relating to the proceedings of the impugned order in O.Mu.NO.Pal/8948/2012 dated 10.1.13 on the file of the 2nd respondent and the consquential impugned order in Na.Ka.NO.Pa1/25/2013 dated 12.4.13 on the file of the 1st respondent and quash the same and further directing the respondents to provide appointment to the petitioner s son in the Forest Department on the compassionate grounds and pass such further or other oders .

For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.N.Shanmugaselvam Additional Government Pleader

ORDER

Today, when the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondents, on instructions, submitted that pursuant to the order passed by this Court in W.P(MD)No.9394 of 2014, dated 29.08.2018, the request of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Contempt Petition(MD)No.1215 of 2019 the petitioner for compassionate appointment has been rejected, vide proceedings in Se.Mu.Aanai.No.2289/2018/Pa1, dated 31.08.2019 and produced a copy of the same before this Court.

2. Whereas the learned Counsel for the petitioner submitted that this Court directed the respondents to take into consideration the application made earlier and the subsequent one as a continuance of the earlier application, but, unfortunately, the same has been rejected on the ground that there is no qualification for the petitioner as on the date of original application when she was a minor.

3. However, this Court cannot go into that question at this stage as the respondents has passed a detailed order which has to be tested in accordance with law and it cannot be a subject matter in this contempt proceedings.

4. In view of the same, this Contempt Petition is closed, however, with liberty to the petitioner to challenge the order passed by the respondents rejecting the request of the petitioner for compassionate appointment.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) rsb To 1.Dinkar Kumar, The Conservator of Forest, Tirunelveli Zone, Tirunelveli - 7.

2. Thirumal, The District Forest Officer, Tirunelveli District, Tirunelveli.

+1 CC to M/s.GP ( SR-88855[F] dated 24/09/2019 ) +1 CC to M/s.G.PRABHU RAJADURAI, Advocate (SR-88769 dt.24/09/2019) Contempt Petition(MD)No.1215 of 2019 20.09.2019 JMN(04.10.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2