R.Manoharan vs S.Visagan
2022 Latest Caselaw 14143 Mad

                                                                        CONT.P.(MD)No.344 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 08.08.2022

                                                    CORAM:

                        THE HONOURABLE MR.JUSTICE G. CHANDRASEKHARAN

                                        CONT.P.(MD)No.344 of 2021
                                                   in
                                         W.P(MD)No.1558 of 2013



                     R.Manoharan,
                                                                                   : Petitioner

                                                        Vs

                     S.Visagan,
                     Commissioner,
                     Madurai Coroporation,
                     Madurai.
                                                                                 : Respondent

                     PRAYER: Contempt Petition filed under Section 10 of the
                     Contempt of Courts Act,       to   punish the respondent herein for his
                     willful and wanton disobedience of the orders passed by the Honble High
                     Court in W.P(MD).No.1558 of 2013 dated 26-02-2020 under the
                     contempt of Courts Act


                                  For Petitioner    : M/s.S.Vijayashanthi,
                                  For Respondent    : Mr.J.S.Mohamed Mohideen




https://www.mhc.tn.gov.in/judis
                                                                              CONT.P.(MD)No.344 of 2021




                                                          ORDER

*************

Alleging wilful disobedience of the order passed by this Court in

W.P.(MD)No.1558 of 2013, this Contempt Petition has been filed.

2.When the matter is taken up for hearing today, the learned

Counsel appearing for the respondent submitted that the respondent filed

an appeal in W.A(MD)No.899 of 2021 against the order passed in

W.P(MD)No.1558 of 2013 and the same was allowed on 24.04.2021,

with the direction to the appellant/Corporation to pay the Subsistence

Allowance at the admissible rates continuously till the conclusion of the

departmental proceedings and till the final orders are passed. If there is

any arrears of Subsistence Allowance, it is to be paid and only thereafter,

the departmental proceedings will be continued. In view of the aforesaid

order passed, this contempt petition cannot be continued and necessarily

has to be closed.

3.The learned Counsel appearing for the petitioner submitted that

even after the judgment passed in the said writ appeal, the departmental

https://www.mhc.tn.gov.in/judis CONT.P.(MD)No.344 of 2021

proceedings is not completed. If that be the case, liberty is given to the

petitioner to approach the writ appellate Court for appropriate remedy in

the manner known to law.

4.With the above observation, this contempt petition stands closed.

08.08.2022 Index:Yes/No Internet:Yes/No lr

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.

To

The Commissioner, Madurai Coroporation, Madurai.

https://www.mhc.tn.gov.in/judis CONT.P.(MD)No.344 of 2021

G. CHANDRASEKHARAN, J.

lr

ORDER MADE IN CONT.P.(MD)No.344 of 2021

08.08.2022

https://www.mhc.tn.gov.in/judis