S. Ganesan v. Nallasivan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.04.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Cont.P(MD)No.447 of 2016 in M.P(MD)No.1 of 2015 in W.P(MD)No.22270 of 2015 S.Ganesan ... Petitioner/Petitioner/Petitioner Vs.

1.Thiru.Nallasivan, The Deputy Inspector General of Registration, Tirunelveli Zone, Tirunelveli.

2.Thiru.A.Justin, The District Registrar, Marthandam, Kanyakumari District.

3.Thiru.Kalai Selvam, The District Registrar(Administration), Thenkasi, Tirunelveli District.

4.Thiru.Suresh Kannan, The Joint Sub-Registrar No.II, Thenkasi, Tirunelveli District. ... Contemnors/Respondents/ Respondents Prayer: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for their deliberate and willful disobedience of the order of this Court, dated 25.02.2016 in M.P(MD)No.1 of 2015 in W.P(MD)No.22270 of 2015.

Prayer in MP(MD). 1/ 2015 in WP(MD).22270/2015 : To stay the operation of the impugned proceedings Na.Ka.No.5450/A1/2015 dt.25.11.2015 of the 1st respondent and the impugned proceedings No.5862/A/2015 dt.04.12.2015 of the 2nd respondent and the consequential order of relieving made in proceedings No.5031/A1/2015 dated 08.12.2015 of the 3rd respondent pending disposal of the WP(MD)No. 22270/ 2015 . Prayer in WP(MD)No. 22270/ 2015 :

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 connection with the impugned order of transfer made in proceedings Na.Ka.No.5450/A1/2015 dt.25.11.2015 of the 1st respondent and the impugned proceedings No.5862/A/2015 dt.04.12.2015 of the 2nd respondent and the consequential order of relieving made in proceedings No.5031/A1/2015 dated 08.12.2015 of the 3rd respondent and to quash the same as illegal and consequentially to direct the respondents to permit the petitioner to continue to work in the office of the 4th respondent.

For Petitioner : Mr.T.Cibi Chakraborthy For Respondents : Mr.K.Chellapandian, Additional Advocate General Assisted by Mr.S.Sadeshkumar, Additional Government Pleader

ORDER

The Contempt Petition has been filed to punish the respondent for his willful disobedience of the order of this Court made in M.P(MD)No.1 of 2015 in W.P(MD)No.22270 of 2015, dated 25.02.2016.

2. The main Writ Petition in W.P(MD)No.22270 of 2015, was filed challenging the transfer order from Tenkasi to Marthandam vide proceedings in Na.Ka.No.5450/A1/2015, dated 25.11.2015 by the first respondent and the impugned proceedings No.5862/A/2015, dated 04.02.2015 of the second respondent and the consequential relieving order made in Proceedings No.5031/A1/2015, dated 08.12.2015 by the third respondent.

3. At the time of admission, there was an order of interim stay of transfer. However, it was later complained by the petitioner that he was neither allowed to report in Marthandam nor in Tenkasi. In the meanwhile, after notice, it is stated by the respondents that the petitioner was transferred from Marthandam to Tenkasi at the office of the District Registrar(Audit), Tenkasi vide proceedings in Na.Ka.NO.5450/A1/2015, dated 24.03.2016.

4. As the order of this Court has been complied with by implementing the same, this Contempt Petition is closed.

5. The Respondents 1 to 4 are personally present. Their presence is dispensed with.

Sd/- Assistant Registrar(Records) /True copy/ Sub Assistant Registrar

To 1.Thiru.Nallasivan, The Deputy Inspector General of Registration, Tirunelveli Zone, Tirunelveli.

2.Thiru.A.Justin, The District Registrar, Marthandam, Kanyakumari District.

3.Thiru.Kalai Selvam, The District Registrar(Administration), Thenkasi, Tirunelveli District.

4.Thiru.Suresh Kannan, The Joint Sub-Registrar No.II, Thenkasi, Tirunelveli District.

+one cc to M/s.T.Cibi Chakraborthy, Advocate in SR.No.24593 pm CSL/GSV-PM/19.05.2016 :3P/6C Cont.P(MD)No.447 of 2016 27.04.2016