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Madras High CourtCONT P(MD)/140/2016closed

T.Vejeya v. Shajan Singh Ra Charan

2017-10-10Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Cont. P(MD)No.140 of 2016 T.Vejeya : Petitioner/Petitioner -vs1. Mr.Shajan Singh Ra Charan, District Collector, Office of the District Collectorate, Nagercoil, Kanyakumari District.

2. Mr.M.Madaswamy Sundar Raj, Assistant Director, Nagercoil Town Panchayat, Nagercoil-629 001.

Kanyakumari District. :Respondents/Respondents Prayer: Petition filed under Section 11 of the Contempt of Court Act, 1971, to punish the contemnors for their willful and wanton disobedience to the orders of this court passed in WMP(MD)No.845 of 2016 in WP(MD)No.1032 of 2016, dated 19.01.2016 and direct them to obey the order passed by this court.

Prayer in WMP(MD)No.845/ 2016 :

Praying to grant an order of AD INTERIM STAY of the operation of the impugned order issued by the District Collector in Na.ka.No.2371/2014/Pa5 dated 11.01.2016 in so far as posting the petitioner as Junior Assistant in the Office of Manavalakurichi Town panchayat by way of transfer and posting the 6th respondent Mrs.Krishnammal as Junior Assistant in the petitioner place i.e. Ganapathypuram Town Panchayat, pending disposal of the Writ Petition.

Prayer in WP(MD)No.1032/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF CERTIORARIFIED MANDAMUS calling for the records relating to the impugned order issued by the District Collector in Na.ka.No.2371/2014/Pa5 dated 11.01.2016 in so far as posting the petitioner as Junior Assistant in the Office of Manavalakurichi Town panchayat by way of transfer and posting the 6th respondent Mrs.Krishnammal as Junior Assistant in the petitioner place i.e. Ganapathypuram Town Panchayat, QUASH THE SAME and further DIRECT the respondents to allow forthwith the petitioner to continue to serve https://hcservices.ecourts.gov.in/hcservices/

in her original station as Junior Assistant i.e., Ganapathypuram Town Panchayat, Kanyakumari District.

For Petitioner : Mr.Isaac Mohanlal Senior counsel for Mr.H.Thayumanaswamy For Respondents : Mr.M.Murugan Government Advocate

O R D E R

This Contempt Petition has been filed to punish the respondents for willfully disobeying the order of this court passed in WMP(MD) No.845 of 2016 in WP(MD)No.1032 of 2016, dated 19.01.2016 and direct them to obey the order of this court.

2.It is represented by the learned Government Advocate that pursuant to the order of this court, dated 19.01.2016 made in WMP (MD)No.845 of 2016 in WP(MD)No.1032 of 2016, the petitioner is permitted to work in the same place.

3.On the other hand, Mr.Isaac Mohanlal, learned Senior counsel appearing for the petitioner would submit that after the order of transfer, the respondents have not paid three months salary to the petitioner.

4.However, recording the above submissions, this contempt petition is closed with liberty to the petitioner to work out her remedy in the manner known to law.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Office of the District Collectorate, Nagercoil, Kanyakumari District.

2. The Assistant Director, Nagercoil Town Panchayat, Nagercoil-629 001.

Kanyakumari District.

ER TE/KP/SAR-IV : 10/11/2017 : 2P/3C Cont. P(MD)No.140 of 2016 10.10.2017 https://hcservices.ecourts.gov.in/hcservices/