Alhaj T.S.Ahamed Ibrahim, v. Mr.Udhaya Chandran, Ias

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2017

CORAM

THE HON'BLE MR.JUSTICE R.SUBBIAH Cont.P.(MD) No.9 of 2016 Alhaj T.S.Ahamed Ibrahim ... Petitioner/Petitioner -VsUdhaya Chandran, the Principal Secretary to Government, Backward/Most Backward Class and Minorities Welfare Department, Government of Tamil Nadu, Fort St. George, Chennai.

... Respondent/Contemnor Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, praying to punish the respondent herein and deal with him as per law for his willful and deliberate disobedience of the order of this Court in W.P.(MD).No.12800 of 2015, dated 07.08.2015.

Prayer in W.P.(MD).No.12800 of 2015:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to take steps forthwith to constitute the governing body in terms of G.O.Ms.No:1127 dated 09.09.1978 for the proper management and administration of the third respondent. For Petitioner :

Mr.T.Antony Arul Raj For respondent :

Mr.D.Muruganantham, Addl. Government Pleader

O R D E R

This Court, by order dated 07.08.2015, in W.P.(MD).No.12800 of 2015 directed the respondent herein to dispose of the representation of the petitioner, dated 22.01.2015, within a period of eight weeks, in the light of the earlier order of this Court dated 17.03.2006 in W.P.(MD).No.10569 of 2005. Since the respondent herein has not complied with the same, the petitioner has come up with this contempt petition.

2.Today, when the matter was taken up for hearing, the learned Additional Government Pleader appearing for the respondent submitted that pursuant to the order of this Court, considering the representation of the petitioner, the respondent herein has passed an order in Letter No.6133/S2/2015-5, dated 20.01.2016 and thus, the order passed in the writ petition has been complied with and nothing survives for adjudication in this petition. https://hcservices.ecourts.gov.in/hcservices/

3.However, the learned counsel for the petitioner submitted that while passing the order, the respondent has not taken into consideration the earlier order of this Court in W.P.(MD).No.10569 of 2005, dated 17.03.2005 and hence, it cannot be said that the respondent has fully complied with the order. 4.In the order dated 07.08.2015, this Court has not given any positive direction and this Court has only given a direction to the respondent to consider and dispose of the petitioner's representation on merits. Therefore, if the petitioner has any grievance, he is at liberty to work out his remedy before the appropriate forum by way of separate proceedings.

5. With the above observation, this contempt petition is closed. No costs.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To 1.The Principal Secretary to Government, Backward/Most Backward Class and Minorities Welfare Department, Government of Tamil Nadu, Fort St. George, Chennai.

+1 cc to MR.T.Antony Arulraj,ADVOCATE, SR NO:197 +1cc to M/S.THE SPECIAL GOVERNMENT PLEADER, SR NO: 207 Cont.P.(MD) No.9 of 2016 02.01.2017 gcg sva/bs/08.02.2017/2p/4c https://hcservices.ecourts.gov.in/hcservices/