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Madras High CourtCONT P(MD)/790/2016closed

Arul Migu Pandimuneeswarar v. R.Patchaiyappan

2016-06-17Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 17.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL CONT.P(MD)No.790 OF 2016 IN W.P(MD)No.9887 of 2016 and SUB A(MD)No.60 of 2016 Arulmighu Pandimuneeswarar Thiru Kovil, parambarai Maruthuvar Sangam, represented by their Secretary, T.Kumaresan.

..Petitioner/Petitioner Vs 1.R.Patchaiyappan, Joint Commissioner, HR &CE Department, Madurai.

3.K.Chella Durai, Deputy Commissioner/ Executive Officer/Fit Person, Arulmighu Pandimuneeswarar Thiru Kovil, Melamadai, Madurai-20.

..Respondents/ Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act praying this Court to summon the respondents and deal with them as per law for their wilful disobedience in undertaking the direction of this Court's order made in W.P(MD) No.9887 of 2016, dated 6.6.2016.

Prayer in WP(MD)No.9887/2016:- Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the impugned notification in Na.Ka.No.13/2016/A2 dated 13.05.2016 issued by the 2nd respondent and quash the same in so far as Item No.2 is concerned.

For Petitioner :Mr.G.R.Swaminathan for Mr.T.Antony Arul Raj For Respondents :MrK.Chellapandian, Addl.Advocate General Assisted by Mr.VR.Shanmuganathan Special Govt.Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

Heard both sides.

2.Earlier on 6.6.2016, in W.P(MD)No.9887 of 2016, this Court passed an order directing the Petitioner/Sangam to file appropriate petition seeking necessary remedy and also interim applications seeking interim reliefs within a period of three days from the date of receipt of a copy of this order . 3.At this stage, the Learned Counsel for the Petitioner submits that the Petitioner/Sangam filed O.A on 9.6.2016 before the First Respondent/The Joint Commissioner, HR&CE Department, Madurai and the same was taken on file only on 13.6.2016. 4.On behalf of the Respondents, the Learned Additional Advocate General informs this Court that the Joint Commissioner, HR&CE Department, Madurai was on leave from 6.6.2016 to 10.6.2016 and joined duty on 13.6.2016. Also, it is represented on behalf of the Respondents that the O.

A filed by the Petitioner/Sangam was assigned the number as O.A.No.18 of 2016 and the enquiry is scheduled to take place on 22.6.2016 at 3.00 p.m. 5.At this juncture, the Learned Counsel for the Petitioner brings it to the notice of this Court that the interim application filed by the Petitioner has not been assigned the number. If that be the case, the Joint Commissioner, HR&CE Department, Madurai is directed to immediately number the interim application and to take up the O.A.No.18 of 2016, as the date of hearing for the said O.A falls on 22.6.2016.

6.With the aforesaid observations and directions, the Contempt Petition stands closed. Consequently connected Sub-Application is closed.

Sd/- Assistant Registrar(W) /True Copy/ Sub-Assistant Registrar To 1.R.Patchaiyappan, Joint Commissioner, HR &CE Department, Madurai.

3.K.Chella Durai, Deputy Commissioner/ Executive Officer/Fit Person, Arulmighu Pandimuneeswarar Thiru Kovil,Melamadai, Madurai-20. 3.The Joint Commissioner, HR&CE Department, Madurai +One cc to Mr.Thilaga Balasubramanian, Advocate, SR.No.31414 vsn RL/5C/2P/SK/SKN/24/6/2016 CONT.P(MD)No.790 OF 2016 IN W.P(MD)No.9887 of 2016 and SUB A(MD)No.60 of 2016 17.06.2016 https://hcservices.ecourts.gov.in/hcservices/