Madras High Court
Unknown vs S.Jebasingh Rajan on 2 July, 2021
W.A.(MD)No.1259 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1259 of 2021
and
C.M.P.(MD)No.5287 of 2021
1.The Chairman,
Tamil Nadu Electricity Board,
No.144, Anna Salai,
N.P.K.K.R.Maligai,
Chennai-600 002.
2.The Chief Engineer (Personnel),
TANGEDCO, No.144, Anna Salai,
N.P.K.K.R.Malaigai, Chennai-600 002.
3.The Superintending Engineer,
O/o.Superintending Engineer,
Metro/TANGEDCO,
Madurai Region,
K.Pudur, Madurai-625 007.
4.The Assistant Engineer,
O/o.Assistant Engineer (Distribution),
Sinthamani TNEB Division,
TANGEDCO, Madurai.
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W.A.(MD)No.1259 of 2021
5.The Superintending Engineer,
Nagercoil Electricity Distribution Circle,
TANGEDCO, Bharvathipuram,
Nagercoil, Kanyakumari District.
6.The Executive Engineer,
TANGEDCO, Bharvathipuram Division,
Nagercoil, Kanyakumari District-629 001.
7.The Executive Engineer,
South Division, TANGEDCO,
Subramaniyapuram,
Madurai City.
8.The Assistant Executive Engineer (Distribution),
Kottaram,
Kanyakumari District. ...Appellants/Respondents
Vs.
S.Jebasingh Rajan ... Respondent/Petitioner
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act,
against the interim stay order dated 02.07.2020 passed in W.M.P.
(MD)No.6591 of 2020 in W.P.(MD)No.7155 of 2020 on the file of
this Court.
For Appellants : Mr.T.Sakthikumaran
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W.A.(MD)No.1259 of 2021
JUDGMENT
*************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
Heard Mr.T.Sakthikumaran, learned Counsel appearing for
the appellants.
2.This appeal by the Tamil Nadu Electricity Board is directed
against an interim order granted in W.M.P.(MD)No.6591 of 2020 in
W.P.(MD)No.7155 of 2020 dated 02.07.2020. By virtue of the said
order, the cancellation of the promotion granted to the writ
petitioner has been stayed.
3.The learned Counsel for the appellants though submitted
that the appellants have filed a counter affidavit in the writ petition
along with a petition to vacate the interim order and expressed his
willingness to make submissions in the main writ petition, however,
the learned Single Bench in the Contempt Petition in
CONT.P(MD)No.549 of 2020, has issued statutory notice to the
appellants for non-compliance of the interim order.
4.In our considered view, since the appellants have already
filed counter affidavit and also sought for vacating the interim
order which was granted at the admission stage of the writ
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W.A.(MD)No.1259 of 2021
petition, we would request the learned Single Bench to hear the
appellants on the vacate stay petition and pass orders or in the
alternate, if it is convenient to the learned Single Bench, the Writ
Petition itself can be heard. Therefore, we do not propose to
interfere with the order of the learned Single Bench. However, we
are of the view that the contempt proceedings shall be deferred, till
a decision is taken in the vacate stay petition filed by the
appellants.
5.Accordingly, the Writ Appeal is disposed of by staying
further proceedings in the Contempt Petition in CONT.P(MD)No.
549 of 2020 and the Registry is directed to list the vacate stay
petition before the appropriate Single Bench, during the course of
second week of July, 2021. However, there shall be no order as to
costs. Consequently, the connected miscellaneous petition is closed.
[T.S.S., J.] & [S.A.I., J.]
02.07.2021
Index : Yes / No
Internet: Yes / No
MR
Note: Issue a copy of this order by 02.07.2021.
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W.A.(MD)No.1259 of 2021
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order
may be utilized for official purposes, but,
ensuring that the copy of the order that is
presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
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W.A.(MD)No.1259 of 2021
T.S.SIVAGNANAM., J.
and
S.ANANTHI., J.
MR
ORDER MADE IN
W.A.(MD)No.1259 of 2021
02.07.2021
https://www.mhc.tn.gov.in/judis/
