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Madras High CourtCONT P(MD)/1725/2018closed

D.Pandi, S/O. V.Durairaj, v. Mr. G.Senathipathy,

2019-12-03Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Wednesday, the Thirtieth day of January, Two Thousand and Nineteen The Hon'ble Mr Justice S.S.SUNDAR CONT P(MD). No.1725 of 2018 D.PANDI, S/O. V.DURAIRAJ, 1/12 MIDDLE STREET PULLALAKOTTAI VILLAGE K.USILAMPATTI POST VIRUDHUNAGAR TALUK & DISTRICT. ... Petitioner Vs 1MR. G.SENATHIPATHY, MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LTD. BYE PASS ROAD MADURAI - 625 010.

2 MR. K.S.MAHENDRAKUMAR, THE GENERAL MANAGER TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LTD.

VIRUDHUNAGAR REGION VIRUDHUNAGAR.

3 MR. MARIAPPAN, THE BRANCH MANAGER TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LTD.

VIRUDHUNAGAR BRANCH VIRUDHUNAGAR. ... Contemnors / Respondents Prayer in CONT P(MD). No.1725 of 2018 :- Contempt Petition is filed under section 11 of Contempt of Court's Act, praying this Hon'ble Court to commit and punish the respondents for their willful disobedience of the order passed by this Honourable Court in M.P.(MD) No. 2 of 2013 in W.P.(MD) No. 11211 of 2013 dated 19.01.2016

Prayer in MP(MD).No.2 of 2013 in WP(MD).No.11211 of 2013 : Miscellaneous Petition is filed under Article 226 of the Constitution of India, praying this Court to grant Interim Stay to all further proceedings in Pa.Mu.No.A/2382/2012 dated 11.03.2013 on the file of the 1st respondent pending disposal of the writ petition. Prayer in WP(MD).No.11211 of 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari calling for the records in Pa.Mu.No.A/2382/2012 dated 11.03.2013 on the file of the 1st respondent and quash the same.

ORDER:- Petition is coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. A.RAHUL, Advocate for the Petitioner, this Court made the following order:

Despite this Court earlier adjourned the matter on several occasions for reporting compliance, the order of this Court, which was passed in the year 2014 was not complied with. As against the interim order passed by this Court in the writ petition, writ appeal was filed and the same was dismissed after holding that no grounds are made out as against the order of the learned Judge. Despite the writ appeal was disposed of in September, 2018, the order of the learned Judge is not yet complied with. Hence, this Court issued a statutory notice on 02.01.2019. 2.The respondents have appeared before this Court. However, it is seen that the respondents seek further time under the pretext that they have filed a review application as against the order passed in the writ appeal. It may not be appropriate for this Court to keep the matter pending for the reason that the respondents may file a review or a Special Leave Petition before the Hon'ble Supreme Court. Hence, time is granted till 15.02.2019 for reporting

compliance. If the order of the learned Judge is complied with before 15.02.2019 or if the respondents get any interim order staying the operation of the order of the learned Judge in the review application said to have been filed by the respondents, the respondents need not appear before this Court on the next date of hearing. 3.Post on 15.02.2019.

Sd/- Assistant Registrar(cs-III) /True Copy/ Sub Assistant Registrar +1cc to Mr.A.Rahaul,Advocate, SR.No.2206 ORDER DATED : 30/01/2019

ORDER

CONT P(MD). No.1725 of 2018 Giving direction and etc.

as stated within.

SP/07.03.2019/ 3P/2C