M.S.Srinivasan, v. Thiru. Rejeev Ranjan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE R. THARANI and Sub Application (MD).No.294 of 2018 in W.A.(MD)No.1400 of 2017 M.S.Srinivasan : Petitioner/Petitioner Vs.

1.Rajeev Ranjan, IAS The State of Tamil Nadu rep.by, The Secretary to Government, Tamilnadu State Government, (National Highways Department), Secretariat, Chennai-9.

2.R.Gothandaraman, The Chief Engineer (General) (Now at), Highways and Rural Works Department, Construction and Maintenance, Guindy, Chennai-25.

3.S.Arasappan, The Divisional Engineer, National Highways Division, Race Course Road, near Indian Oil Officers Quarters, Chokkikulam, Madurai-2.

: Contemnors/Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for committing Contempt for the willful disobedience of the order in W.A.(MD).No.1400 of 2017 dated 12.03.2028.

Prayer in WA(MD). 1400/ 2017 :

Writ Appeal is filed under Clause 15 of the Letter Patent against the Order, dated: 02.09.2013 made in W.P(MD).No. 15759 of 1/3

Prayer in WP(MD). 15159/ 2012 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, to call for the records in G.O. 3D, No.100 Public Works Department and quash the same and to direct the respondents to pay a sum of Rs. 20,00,000/- (Rupees twenty lakhs only) towards compensation for their delayed and belated proceedings and taken by the Respondents with regard to petitioner's expectation and pass such further or other orders.

For Petitioner : Mr.S.V.Muthu Samundeeswaran For Respondents : Mr.Vera Kathiravan Senior Counsel for the State Assisted by Mr.R.Baskaran Standing Counsel for Government

ORDER

(Order of the Court was made by T.S.SIVAGNANAM, J.) This contempt petition has been filed alleging that there is a wilful disobedience of the order and direction passed in W.A.(MD). No.1400 of 2017 dated 12.03.2028.

2.A Counter affidavit has been filed by the third respondent and additional counter affidavit has also been filed expressing certain difficulties on account of the objection raised by the Accountant General.

3.In the light of the above, we direct the respondents to pass a reasoned order stating that as to how the claim of the petitioner cannot be considered and the relevant rules and the Government orders should be clearly mentioned in the said order and such order shall be passed and communicated to the petitioner within a period of three weeks from the date of receipt of copy of this order. Upon receipt of the same, if the petitioner is aggrieved, it is open to the petitioner to challenge the same in accordance with law.

4. With the above observations, the contempt petition is closed. Consequently, the connected sub application is closed. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) tta/rm 2/3

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.The Secretary to Government, Tamilnadu State Government, (National Highways Department), Secretariat, Chennai-9.

2.The Chief Engineer (General) (Now at), Highways and Rural Works Department, Construction and Maintenance, Guindy, Chennai-25.

3.The Divisional Engineer, National Highways Division, Race Course Road, near Indian Oil Officers Quarters, Chokkikulam, Madurai-2.

+1 CC to M/s.SPL GP ( SR-24441[F] dated 29/07/2021 ) +1 CC to M/s.S.V.MUTHU SAMUNDEESWARAN, Advocate ( SR-24343[F] dated 29/07/2021 ) 27.07.2021 ES(CO) LR (05.08.2021) 3P 6C 3/3