L.Subramanian v. Mohamed Nasimuddin

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.08.2017

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Cont P.(MD)Nos.791 and 795 of 2016 in W.M.P(MD).Nos.4250 and 3768 of 2016 in W.P.(MD)Nos.4705 and 4232 of 2016 1.L.Subramanian

...Petitioner/Petitioner in

W.P.(MD).No.4705/2016 2.R.Mahendran

...Petitioner/Petitioner in

W.P.(MD).No.4232/2016 Vs.

1.Mohamed Nasimuddin, I.A.S., Principal Secretary to Government, Commercial Taxes and Registration Department, Fort St.George, Chennai 600 009.

2.S.K.Prabakar, I.A.S., The Principal Secretary/Commissioner of Commercial Taxes, Chepauk, Chennai 600 005.

... Contemnors/ Respondents in both the Writ Petitions.

PRAYER: Contempt Petitions are filed under Section 11 of Contempt of Courts Act 1971, to punish the respondents for their wilful disobedience and non compliance of the order passed by this Court, in W.P.(MD)Nos.4705 and 4232 of 2016, dated 09.03.2016 and 02.03.2016 respectively.

Prayer in WP(MD). 4232/ 2016 :

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 relating to the impugned order passed by the 1st respondent in G.O.(D)No.382 dated 10.10.2014 and quash the same and to direct the respondents to pass orders on the representation of the petitioner dated 14.09.2015 and to revoke the suspension and re-instate the petitioner into service .

Prayer in WP(MD). 4705/ 2016 :

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 relating to the https://hcservices.ecourts.gov.in/hcservices/

impugned order passed by the 2nd respondent in Proc. No. CD2/28673/2014 dated 29.10.2014 and quash the same and to direct the respondents to pass orders on the representation of the petitioner dated 05.11.2015 and to revoke the suspension and reinstate the petitioner into service . For Petitioners : Mr.A.S.Mujibur Rahman in both the petitions For Respondents : Mr.Raja Karthikeyan in both the petitions Additional Government Pleader

O R D E R

This Court, by an earlier order, dated 09.03.2016 and 02.03.2016 respectively, directed the respondents to revoke the suspension and reinstate the petitioners into service. Since the respondents herein have not complied with the same, the petitioners have come up with these contempt petitions. 2.Today, the learned counsel appearing for the respondents by producing the proceedings in CD2/28673/2014, dated 10.08.2017 and Proc.No.CP2/1899/2017, dated 11.08.2017 respectively, submitted that the order passed in the writ petitions have been complied with and nothing survives in these petitions. 3.Recording the above submissions, these Contempt Petitions are closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.Mohamed Nasimuddin, I.A.S., Principal Secretary to Government, Commercial Taxes and Registration Department, Fort St.George, Chennai 600 009.

2.S.K.Prabakar, I.A.S., The Principal Secretary/Commissioner of Commercial Taxes, Chepauk, Chennai 600 005.

+2cc to M/S.A.S.MUJIR RAHMAN, Advocate SR.Nos.73579&73578 msa MAS/SV-MMS/SAR2:12.09.2017:2P-5C Cont P.(MD)Nos.791 and 795 of 2016 in W.M.P(MD).Nos.4250 and 3768 of 2016 in W.P.(MD)Nos.4705 and 4232 of 2016 21.08.2017 https://hcservices.ecourts.gov.in/hcservices/