H.T.Sathiyadhas v. Niranjan Mardi,I.A.S

Cont P.(MD)No.927 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:07.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Cont P.(MD)No.927 of 2018 in W.P.(MD)No.1521 of 2018 H.T.Sathiyadhas ..Petitioner/Petitioner Vs.

Mr.Niranjan Mardi, I.A.S., The Secretary to the Government, Home Department, Government of Tamilnadu, Fort St.George,Chennai-9.

.. Respondent /Contemnor PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, 1971, to punish the respondent for willful disobedient of the order made in W.P.(MD)No.1521 of 2018 dated 01.03.2018. Prayer in WP(MD). 1521/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus directing the 1st respondent to consider my representation dated 10.04.2017 and accord sanction for prosecution to proceed the complaint pending in Cr.M.P.No.3466 of 2015 on the file of the Learned Judicial Magistrate No.II, Nagercoil.

For Petitioner : Mr.V.Angusamy For Respondent : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This petition has been filed under Section 11 of the Contempt Courts Act, 1971, to punish the respondent for willful disobedience of the order passed by this Court in W.P.(MD)No.1521 of 2018 dated 01.03.2018.

2.The learned counsel for the petitioner has submitted that this Court by the order dated 01.03.2018 in W.P.(MD)No.1521 of 2018 has directed the first respondent (The Secretary to the Government, Home Department, Government of Tamilnadu, Chennai) to consider the petitioner's representation dated 10.04.2017 and for according sanction for prosecuting the respondent No.3 therein and to pass orders on merits and in accordance with law within a https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont P.(MD)No.927 of 2018 period of six weeks from the date of receipt of a copy of the said order. But, the respondent has not passed order within the time fixed by this Court and hence, the petitioner has filed the present petition to punish the respondent for wilful disobedience of the order passed by this Court. He further submitted that the learned Government Advocate (Crl.Side) served a copy of the letter said to have been issued by the respondent herein on 11.09.2018, wherein it is stated that sanction for prosecution can be granted or rejected only after due investigation of the facts and circumstances of the case.

3.The learned Additional Public Prosecutor has produced the copy of the said letter said to have been issued by the respondent herein vide letter No.19652/Pol-XII/2018-3, dated 11.09.2018. 4.In the said letter, it is stated that only after investigation the decision will be taken as to whether sanction will be given or not.

5.So, it appears that the respondent has complied with the order of this Court. Hence, this petition is closed. Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS) TO Mr.Niranjan Mardi, I.A.S., The Secretary to the Government, Home Department, Government of Tamilnadu, Fort St.George,Chennai-9.

DAS Cont P.(MD)No.927 of 2018 in W.P.(MD)No.1521 of 2018 07.08.2019 KM/(19.09.2019) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2