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Madras High CourtSUB A(MD)/337/2021dismissed

M.Baskaran, B.E., v. S.Visakan I.A.S.,

2022-03-30Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Sub.A(MD)Nos.337 to 339 of 2021 in Cont.P(MD)Nos.1867, 1869, 1868 of 2018 M.Baskaran : Petitioner in all petitions Vs.

1.Dr.S.Visakan, I.A.S., The District Collector, Velunatchiyar Campus, Dindigul, Dindigul District - 624 004.

2.Mr.Rengajarajn, The Assistant Director of Panchayats, Head Post Office, Dindigul, Dindigul District - 624 001.

3.Mr.Malarvannan, The Block Development Officer / Special Officer (Panchayats), Head Post Office, Dindigul, Dindigul District - 624 001.

: Respondents in all petitions COMMON PRAYER: Applications filed under Section 151 of the Civil Procedure Code to reopen the Contempt Petitions in Cont.P(MD) Nos.1867, 1869, 1868 of 2018, respectively, dated 06.12.2018. Prayer in Cont.P(MD).No. 1867 to 1869 of 2018: Contempt petition are filed under section 11 of the contempt act may be pleased to initiate contempt proceedings against the Contemnors / Respondent No.1 to 3 and punish them for the wilful disobedience of the order of the Honourable High Court in Writ Petition in WP(MD) No. 2948 to 2950 of 2012 dated 25.10.2017 Prayer in WP(MD). 2948/ 2012 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF MANDAMUS, to direct the respondents to pay a sum of Rs.1,15,447/- (Rupees One Lakh Fifteen Thousand Four Hundred and Forty Seven only) to the petitioner within the time frame fixed by this Honourable Court.

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Prayer in WP(MD). 2949/ 2012 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF MANDAMUS, to direct the respondents to pay a sum of Rs. 2,12,986/- (Rupees Two Lakhs Twelve Thousand Nine Hundred Eighty Six only) to the petitioner within the time frame fixed by this Honourable Court. Prayer in WP(MD). 2950/ 2012 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of mandamus to direct the respondents to pay a sum of Rs. 8,47,114/- (Rupees eight lakhs forty seven thousand one hundred and fourteen only) to the petitioner within the time frame fixed by this Hon ble Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.D.Gandhiraj, Special Government Pleader [In all petitions]

ORDER

These sub applications are filed by the petitioner to reopen the contempt petitions in Cont.P(MD)Nos.1867, 1869, 1868 of 2018, respectively, which were closed by order dated 06.12.2018. 2.The petitioner, who is a Contractor, has filed writ petitions in W.P.(MD)Nos.2948 to 2950 of 2012 as against the respondents for considering his representation. This Court, by order dated 25.10.2017, directed the respondents to consider the petitioner's representation dated 23.02.2012 for settling the bills, within a period of six weeks. Thereafter, the respondents have sent a communication to the petitioner in Na.Ka.No.216/2012/Oo2, dated 20.12.2017, that there is no proof for the maintenance work carried out by the petitioner in the Panchayat and only on production of such materials, the respondents would be in a position to consider the representation of the petitioner. This proceedings dated 20.12.2017 was served on the petitioner and recording this proceedings, the contempt petitions filed by the petitioner were closed, with a direction to the petitioner to produce the relevant documents.

3.The petitioner, without producing the relevant documents, has once again moved this Court by filing these sub applications. This Court is not satisfied with the reasons assigned in the affidavits filed in support of these petitions and as such, is not inclined to 2/3

entertain these applications. Accordingly, these sub applications are dismissed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) gk To 1.The District Collector, Velunatchiyar Campus, Dindigul, Dindigul District - 624 004.

2.The Assistant Director of Panchayats, Head Post Office, Dindigul, Dindigul District - 624 001.

3.The Block Development Officer / Special Officer (Panchayats), Head Post Office, Dindigul, Dindigul District - 624 001.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-15605[F] dated 31/03/2022 ) +1CC to SPL.GP,SR.No. 15676 dated 31.03.2022 Sub.A(MD)Nos.337 to 339 of 2021 in Cont.P(MD)Nos.1867, 1869, 1868 of 2018 30.03.2022 NSN(CO) KB(07.04.2022) 3P 6C 3/3