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Madras High CourtCONT P(MD)/1292/2019closed

Iniyavan v. K.Nanthakumar,I.A.S.

2019-11-01Honourable Ms.Justice V.M.Velumani2 pages

CONT.P.(MD)No.1292/2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI CONT.P.(MD)No.1292 of 2019 IN WP(MD).24759 of 2018 Iniyavan ... Petitioner/Petitioner -Vs1.K.Nanthakumar, I.A.S., The Tamil Nadu Public Service Commission, Represented by its Secretary, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-600 003.

2.Subbaiyan N, I.A.S., The Director of Horticulture and Plantation Crops, Chennai-5.

...Contemnors/Respondents Prayer: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to commit and punish the respondents for contempt of Court for willfully and wantonly disobeyed the order passed by this Court in W.P.(MD)No.24759 of 2018 dated 07.01.2019. Prayer in WP(MD). 24759 of 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus, directing the respondents to issue the order of selection/appointment to the petitioner (Register No.100001061) in the post of Assistant Horticultural Officer for the year 2016-2017 in the Tamil Nadu Horticultural Subordinate Service, pursuant to his success in the selection process initiated under the selection notification No.10/2018 dated 25.5.2018, without rejecting his candidature on the ground that he had committed an inadvertent mistake in mentioning the date of birth as 30.04.1997 in stead of 30.03.1997 in the application form, with all attendant and the consequential benefits.

For Petitioner : Mr.N.Dilip Kumar For Respondents : Mr.D.Sivaraman

ORDER

This Contempt Petition is filed for non-compliance of the order of this Court dated 07.01.2019, made in W.P.(MD)No.24759 of 2018.

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CONT.P.(MD)No.1292/2019 2.The learned counsel appearing for the petitioner submitted that against the order dated 07.01.2019, made in W.P.(MD)No.24759 of 2018, the respondents have filed a Writ Appeal and in the Writ Appeal, the petitioner has entered appearance and the same is pending. Hence, the Contempt Petition may be closed with liberty to file a fresh Contempt Petition, subject to the result of the Writ Appeal.

3.Recording the aforesaid submission of the learned counsel appearing for the petitioner, this Contempt Petition stands closed, with liberty to the petitioner to file a fresh Contempt Petition, subject to the result of the Writ Appeal.

Sd/- Assistant Registrar() // True Copy // Sub Assistant Registrar(CS) Myr To

1. The Secretary, The Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-600 003.

2.The Director of Horticulture and Plantation Crops, Chennai-5.

+1CC TO MR.N.DILIP KUMAR, Advocate Sr. No.95847 +1CC TO MR.D.SIVARAMAN, Advocate Sr. No. 95609 CONT.P.(MD)No.1292 of 2019 01.11.2019 NSN(CO) TR(22.11.2019)2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4