In Sub-Appealed Contempt No.54-57 of 2018 filed by various respondents in Contempt Petition No.2400 of 2017, the Madurai Bench allowed petitions seeking to dispense with their personal appearance for hearing on 15.03.2018.
Dispensation with personal appearance of Respondents 1, 2, and 3 in Contempt Petition No.2400 of 2017.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Fifteenth day of March Two Thousand Eighteen
PRESENT
The Hon`ble Mr.Justice G.R.SWAMINATHAN
SUB A(MD) No.54 TO 57 of 2018 IN
CONT P(MD) No.2400 of 2017
SUB A(MD)NO.54/2018 : HARMANDER SINGH, I.A.S., SECRETATY TO GOVERNMENT, DEPARTMENT OF MUNICIPAL AND WATER SUPPLY DEPARTMENT, FORT ST.GEORGE, CHENNAI - 9. ... APPELLANT/1ST RESPONDENT/ 1ST RESPONDENT
Vs 1 P.RAJASEKARAN, S/O.PERIYASAMY, WATER TANK HELPER(NOW RETIRED), PALLAPATTI SPECIAL GRADE TOWN PANCHAYAT, ARAVAKURICHI TALUK, KARUR DISTRICT.
...RESPONDENT/PETITIONER/ PETITIONER
2 J.KAILAINATHAN, DIRECTOR, LOCAL FUND AUDIT DEPARTMENT, 4TH FLOOR, KURALAGAM, CHENNAI - 600108 ...2ND RESPONDENT/2ND RESPONDENT/ 2ND RESPONDENT
3 MR.S.PALANISAMY, I.A.S., DIRECTOR OF TOWN PANCHAYATS, KURALAGAM BUILDINGS, CHENNAI 600108. 4 R.THIRUNAVUKKARASU, ASSISTANT DIRECTOR, LOCAL FUND AUDIT DEPARTMENT, DINDIGUL DISTRICT.
...3RD RESPONDENT/3RD RESPONDENT/ 3RD RESPONDENT
...4TH RESPONDENT/4TH RESPONDENT/ 4TH RESPONDENT
5 UMARANI, EXECUTIVE OFFICER, PALLAPATTI SELECTION GRADE TOWN PANCHAYAT, ARAVAKURICHI,
https://hcservices.ecourts.gov.in/hcservices/ KARUR DISTRICT. ...5TH RESPONDENT/5TH RESPONDENT/
5TH RESPONDENT
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Prayer in SUB A(MD). 54/ 2018 :
Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to dispense with my personal appearance of the 2nd Contemnor/2nd Respondent in Contempt Petition (MD)No.2400 of 2017 in W.P.(MD) No.24408 of 2016 herein before this Honble Court on 15.03.2018 in the above Contempt Petition and thus render justice.
SUB A(MD) No.55 of 2018:
J.KAILAINATHAN, DIRECTOR, LOCAL FUND AUDIT DEPARTMENT, 4TH FLOOR, KURALAGAM, CHENNAI - 600108 ... APPLICANT/2ND RESPONDENT/
2ND RESPONDENT
Vs 1 P.RAJASEKARAN, S/O.PERIYASAMY, WATER TANK HELPER(NOW RETIRED), PALLAPATTI SPECIAL GRADE TOWN PANCHAYAT, ARAVAKURICHI TALUK, KARUR DISTRICT. ...1ST RESPONDENT/PETITIONER/ PETITIONER 2 HARMANDER SINGH, I.A.S., SECRETATY TO GOVERNMENT, DEPARTMENT OF MUNICIPAL AND WATER SUPPLY DEPARTMENT, FORT ST.GEORGE, CHENNAI - 9. ...1STRESPONDENT/1ST RESPONDENT/ 3 MR.S.PALANISAMY, I.A.S., DIRECTOR OF TOWN PANCHAYATS, KURALAGAM BUILDINGS, CHENNAI 600108. ...2ND RESPONDENT/2ND RESPONDENT/ 4 R.THIRUNAVUKKARASU, ASSISTANT DIRECTOR, LOCAL FUND AUDIT DEPARTMENT, DINDIGUL DISTRICT. ...4TH RESPONDENT/4TH RESPONDENT/ 5 UMARANI, EXECUTIVE OFFICER, PALLAPATTI SELECTION GRADE TOWN PANCHAYAT, ARAVAKURICHI, KARUR DISTRICT. ...5TH RESPONDENT/5TH RESPONDENT Prayer in SUB A(MD). 55/ 2018 :
Pleased to dispense with my personal appearance of the 2nd https://hcservices.ecourts.gov.in/hcservices/ Contemnor/2nd Respondent in Contempt Petition (MD)No.2400 of 2017 in W.P.(MD)No.24408 of 2016 herein before this Honble Court on
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15.03.2018 in the above Contempt Petition and thus render justice.
SUB A(MD) No.56 of 2018:
TR.S.PALANISAMY,I.A.S., DIRECTOR OF TOWN PANCHAYATS, KURALAGAM BUILDINGS, CHENNAI 600108. ... APPLICANT/3RD RESPONDENT/ 3RD RESPONDENT Vs 1 P.RAJASEKARAN, S/O.PERIYASAMY, WATER TANK HELPER(NOW RETIRED), PALLAPATTI SPECIAL GRADE TOWN PANCHAYAT, ARAVAKURICHI TALUK, KARUR DISTRICT. ...1ST RESPONDENT/PETITIONER/ PETITIONER 2 HARMANDER SINGH, I.A.S., SECRETATY TO GOVERNMENT, DEPARTMENT OF MUNICIPAL AND WATER SUPPLY DEPARTMENT, FORT ST.GEORGE, CHENNAI - 9. ...1STRESPONDENT/1ST RESPONDENT 3 J.KAILAINATHAN, DIRECTOR, LOCAL FUND AUDIT DEPARTMENT, 4TH FLOOR, KURALAGAM, CHENNAI - 600108 ...2ND RESPONDENT/2ND RESPONDENT 4 R.THIRUNAVUKKARASU, ASSISTANT DIRECTOR, LOCAL FUND AUDIT DEPARTMENT, DINDIGUL DISTRICT. ...4TH RESPONDENT/4TH RESPONDENT 5 UMARANI, EXECUTIVE OFFICER, PALLAPATTI SELECTION GRADE TOWN PANCHAYAT, ARAVAKURICHI, KARUR DISTRICT. ...5TH RESPONDENT/5TH RESPONDENT
Prayer in SUB A(MD). 56/ 2018 :
Pleased to dispense with my personal appearance of the 3rd Contemnor/3rd Respondent in Contempt Petition (MD)No.2400 of 2017 in W.P.(MD)No.24408 of 2016 herein before this Honble Court on 15.03.2018 in the above Contempt Petition and thus render justice.
SUB A(MD) No.57 of 2018:
TR.R.THIRUNAVUKKARASU, ASSISTANT DIRECTOR, LOCAL FUND AUDIT DEPARTMENT, DINDIGUL DISTRICT. ...APPLICANT/4TH RESPONDENT 4TH RESPONDENT
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1 P.RAJASEKARAN, S/O.PERIYASAMY, WATER TANK HELPER(NOW RETIRED), PALLAPATTI SPECIAL GRADE TOWN PANCHAYAT, ARAVAKURICHI TALUK, KARUR DISTRICT. ...RESPONDENT/PETITIONER
2 HARMANDER SINGH, I.A.S., SECRETATY TO GOVERNMENT, DEPARTMENT OF MUNICIPAL AND WATER SUPPLY DEPARTMENT, FORT ST.GEORGE, CHENNAI - 9. ...1STRESPONDENT/1ST RESPONDENT/
3 TR.S.PALANISAMY, 1.A.S., DIRECTOR OF TOWN PANCHAYATS, KURALAGAM BUILDINGS, CHENNAI 600108.
4 J.KAILAINATHAN, DIRECTOR, LOCAL FUND AUDIT DEPARTMENT, 4TH FLOOR, KURALAGAM, CHENNAI - 600108
5 UMARANI, EXECUTIVE OFFICER, PALLAPATTI SELECTION GRADE TOWN PANCHAYAT, ARAVAKURICHI, KARUR DISTRICT. ...RESPONDENTS/RESPONDENTS
Prayer in SUB A(MD). 57/ 2018 :
Pleased to dispense with my personal appearance of the 4th Contemnor/4th Respondent in Contempt Petition (MD)No.2400 of 2017 in W.P.(MD)No.24408 of 2016 herein before this Honble Court on 15.03.2018 in the above Contempt Petition and thus render justice.
Prayer in CONT P(MD). 2400/ 2017 :
To punish the Contemnors / Respondents for contempt for willfully disobeying the order of this Honourable Court in WP(MD). No.24408 of 2016 dated 04/01/2017.
Prayer in WP(MD). 24408/ 2016 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents herein to sanction and disburse forthwith the pension benefits due to the petitioner viz., encasement of Earned Leave and Unearned Leave and the Tamil Nadu Government Employees Special Provident Fund and the General Provident Fund, Gratuity, Pension admissible to the petitioner with https://hcservices.ecourts.gov.in/hcservices/ penal interest at the rate of 18%.
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ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Special Government Pleader for the for the petitioner in all the petitions and of MR.M.VEILKANIRAJU, Advocate for the Respondent No.1 the court made the following order:-
Respondent Nos.4 and 5 are present. Respondent Nos.1,2 and 3 have filed sub applications for dispensing with this personal appearance.
The Sub Application is allowed.
sd/15/03/2018 / TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
2 TR.S.PALANISAMY, 1.A.S., DIRECTOR OF TOWN PANCHAYATS, KURALAGAM BUILDINGS, CHENNAI 600108.
GJM/CM/VR/SAR-2-22.3.18-5P-6C
ORDER IN SUB A(MD) No.54 TO 57 of 2018 IN CONT P(MD) No.2400 of 2017 https://hcservices.ecourts.gov.in/hcservices/ Date :15/03/2018
1 issue framed by the court
Whether the petitions seeking dispensation from personal appearance in contempt proceedings should be allowed.
Harmander Singh
S.Palanisamy
J.Kailaivanathan
R.Thirunavukkarasu
Umarani
P.Rajasekaran
G.R.SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
