V.Seenivasan v. M.Ponnaiah Ias

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.12.2021

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH CONT.P.(MD).No.1658 of 2021 V.Seenivasan ... Petitioner/Petitioner vs.

1.P.Ponnaiah, I.A.S., Commissioner of Municipal Administration, Chennai-600 028.

2.K.Rajan, Regional Director of Municipal Administration, Madurai Region, Madurai.

3.Rathinavel, Commissioner, Tirumangalam Municipality, Tirumangalam, Madurai District.

4.A.Shanmugam, Commissioner, Thiruchengode Municipality, Namakkal District.

...Contemnors/Respondents PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents/contemnors for willfully disobeying to the order passed by this Court in W.P.(MD). No.24455 of 2019 dated 03.12.2020.

Prayer in WP(MD). 24455/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Calling for the records relating to the impugned order of transfer in Roc.No.21919/J1/2019, dated 15.11.2019 issued by the 1st respondent in so far as writ petitioner is concerned and quash the same as illegal For Petitioner : Mr.S.Chellapandian For Respondents : Mr.K.S.Selvaganesan, Additional Government Pleader for RR1, 2 and 4 Mr.A.Kannnan, Standing Counsel for R3.

1/3

O R D E R

This contempt petition is misconceived. Prayer of the petitioner in the writ petition was a challenge to a transfer order dated 15.11.2019. The writ petition has been disposed of on 03.12.2020 and at paragraph No.6, this Court noted that the order of transfer had been stayed till the disposal of the writ petition. Ultimately, the writ petition was disposed directing the petitioner to join duty in Thiruchengode Municipality on or before 07.02.2020 at 04.00 p.m.

2. At paragraph No.7 of the contempt petition, the petitioner also concedes to the position that he has joined duty as per the directions of this Court. The grievance appears to be in regard to the break in service. However, this Court cannot consider this grievance in the contempt petition and the petitioner would have to seek redressal separately in that regard by way of an appropriate application before the authorities.

3. This Contempt Petition is closed.

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) ssb 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.P.Ponnaiah, I.A.S., Commissioner of Municipal Administration, Chennai-600 028.

2.K.Rajan, Regional Director of Municipal Administration, Madurai Region, Madurai.

2/3

3.Rathinavel, Commissioner, Tirumangalam Municipality, Tirumangalam, Madurai District.

4.A.Shanmugam, Commissioner, Thiruchengode Municipality, Namakkal District.

+1 CC to M/s.SPL GP ( SR-39481[F] dated 20/12/2021 ) +1 CC to M/s.A.KANNAN, Advocate ( SR-39446[F] dated 20/12/2021 ) CONT.P.(MD).No.1658 of 2021 17.12.2021 GM(CO) KB(31.01.2022) 3P 7C 3/3