V.Karuppaiah, v. Supriya Sathu I.A.S.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND CONT P(MD)No.1530 of 2022 and W.P. (MD) No.6783 of 2017 V.Karuppaiah ...Petitioner/Petitioner Vs.

1. Tmt.Supriya Sahu, I.A.S., Secretary to Government, Environment, Climate Change and Forest Department, Fort St.George, Chennai - 9.

2. Mr.Mohamed Abbas, I.F.S., Principal Chief Conservator of Forests & Head of Forest Force, Panagal Building, Saidapet, Chennai - 15. ....Respondents 1 and 2/Contemnors Prayer: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to punish the contemnors herein for the non compliance of the order passed by this Court in W.P.(MD)No.6783 of 2017 on 26.02.2019.

For Petitioner : Mr.I.Kanna Patel For Respondents : Mr.T.Ravindran Senior Counsil for Mr.P.Subbaraj

O R D E R

This Contempt Petition has been filed complaining the willful disobedience on the part of the respondents in implementing the order dated 26.02.2019 passed in W.P(MD)No.6783 of 2017 in true letter and spirit.

2. While disposing the said Writ Petition, this Court passed the order as extracted herein under:

"So far as W.P(MD)No.6678 of 2017 is concerned, though the petitioner seeks for promotion to the post of Plot Watcher, the same is a misnomer as it is not a promotion,but absorption in the post of Forest Watcher. Therefore, whatever the relief granted to the other petitioner, shall enure in favour of this petitioner also and the Writ Petition stands disposed of accordingly''

3. A counter affidavit has been filed on behalf of the respondents.

4. Mr.Ravindran, learned Senior Counsel appearing for the respondents submits that the order of the court is substantially complied with by the respondents by issuing a Government Order in G.O.(2D)No. 175, Environment, Climate Change and Forest (FR-2.ii) Department, dated 04.09.2023 and the said Government Order is filed as the additional typed set of papers.

5. After going through the said Government Order, this Court satisfied that the order of the Court is complied with by issuing the said Government Order.

6. Admittedly, though there is a delay in compliance of the order of the court, loss caused to the petitioner due to the delay is compensated by issuing the present Government Order.

7. The learned counsel for the petitioner accepted that the service of the petitioner is regularized and the petitioner received the monetary benefits for which he is entitled as per the order of the Court.

8. Considering all these aspects, in my considered view, no further adjudication is warranted in this Contempt Petition.

9. Accordingly, this Contempt Petition is closed. 12.09.2023 Index : Yes / No NCC : Yes / No CM To,

1. Tmt.Supriya Sahu, I.A.S., Secretary to Government, Environment, Climate Change and Forest Department, Fort St.George,Chennai - 9.

2. Mr.Mohamed Abbas, I.F.S., Principal Chief Conservator of Forests & Head of Forest Force, Panagal Building, Saidapet, Chennai - 15.

BATTU DEVANAND, J.

CM CONT P.(MD)No.1530 of 2022 and W.P. (MD) No.6783 of 2017 12.09.2023