K.Thirumurugan v. R.Venkateshan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN in W.P.(MD) No.7334 of 2017 K.Thirumurugan ... Petitioner -vsR.Venkateshan, I.A.S., State of Tamil Nadu rep.by the Principal Secretary State of Tamil Nadu Tamil Official Language and Tamil Culture Fort St.George Chennai-600 009 ... Respondent PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondent for the willful disobedience of the order passed by this Court in W.P.(MD) No.7334 of 2017, dated 18.07.2017.

For Petitioner :

Mr.R.Alagumani For Respondent :

Mr.Veera Kathiravan Additional Advocate General assisted by Mr.S.Shanmugavel Additional Government Pleader

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] This contempt petition has been filed alleging willful disobedience of the order, dated 18.07.2017, made in W.P.(MD) No.7334 of 2017.

2. This Court in the above writ petition has passed an order directing the State of Tamil Nadu, represented by the Principal Secretary, Tamil Official Language and Tamil Culture Department, to dispose of the representation of the petitioner, dated 21.03.2017, in the light of the mandate set out in G.O.Ms.No.349, dated 14.10.1987, within a period of four months from the date of receipt of a copy of the order.

3. Learned Additional Advocate General appearing for the respondent made a submission that the above order of this Court has been complied with by the respondent by issuing a Government Letter No.

11461/thava 1.2/2018-2, dated 05.12.2018 to the petitioner. That apart, pursuant to the reply given to the petitioner, the Government had also taken a policy decision to enhance the fine amount and accordingly, the fine amount for contravention of Rule 15 of the Tamil Nadu Shops and Establishments Rules, 1948 has been enhanced from fifty rupees to two thousand rupees, by making amendment in Rule 18 of the said Rules, vide G.O.Ms.No.158, Labour Welfare and Skill Development (K2) Department, dated 09.10.2023.

4. The Government of Tamil Nadu has not only passed the order in response to the representation given by the petitioner, but also amended the relevant Rules and enhanced the fine amount. Therefore, we do not find any reason to sustain the contempt proceedings.

5. Accordingly, the contempt petition is closed. [S.M.S., J.] [G.R.S., J.] 18.10.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

Mr.R.Venkateshan, I.A.S., Principal Secretary, State of Tamil Nadu, Tamil Official Language and Tamil Culture, Fort St.George, Chennai-600 009.

S.M.SUBRAMANIAM, J.

and G.R.SWAMINATHAN , J.

krk 18.10.2023