Disposed

R.Vishnupriyan v. D.Rathna I.A.S.

Madras HC16 Dec 2022CONT P/1079/2022

Case brief

AI extract

What is this about?

The court rejected a contempt petition filed against the Director of Social Welfare. The petitioner alleged wilful disobedience of a previous order regarding compassionate appointment as the documents. The court observed that the rejection was based on doubts about adoption and heirship certificates, not a refusal to consider documents, and thus adjourned the matter to another forum.

What did the court decide?

Contempt Petition closed; note that petitioner may challenge rejection order by appropriate proceedings.

R.Vishnupriyan Vs D.Rathna I.A.S. — Writ and Judicial Review | Madras HC (2022)

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Contempt Petition No.1079 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.12.2022

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CORAM

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THE HONOURABLE MR.JUSTICE M.S.RAMESH

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Contempt Petition No.1079 of 2022

R.Vishnupriyan

... Petitioner

Tmt.D.Rathna, IAS, The Director of Social Welfare, 2^nd Floor, Panagal Building, Saidapet, Chennai-600 015.

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... Respondent

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Contempt Petition filed under Section 11 of Contempt of Courts Act to punish the respondent for wilfully disobeying the order passed in WP No.1866 of 2020 dated 23.07.2021.

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For petitioner ... Mr.G.Sankaran For Respondent ... Mr.S.Silambanan Additional Advocate General Assisted by Mr.E.Veda Bagath Singh

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O R D E R

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When the petitioner's application seeking for compassionate appointment

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was not processed on the ground that it was not accompanied with legal heir

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

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Contempt Petition No.1079 of 2022

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certificate, I had given liberty to the petitioner to submit all the supporting documents seeking for compassionate appointment before the respondent and accordingly, directed the respondents to consider those documents and grant appointment on compassionate ground. Alleging disobedience, this contempt petition is filed.

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Today, when the matter was called, learned Additional Advocate General submitted that after the petitioner had submitted all the documents, including adoption certificate, they had raised doubt with regard to the validity of the adoption certificate and has rejected the petitioner's claim dated 16.09.2022. The entire claim of the petitioner revolves around his adoption by the Government employee, who is the aunt of the petitioner. Further more, the respondent has also raised doubt with regard to the legal heirship certificate, which does not show the Government employee's mother as one of the legal heirs and on this ground also the respondent has rejected the petitioner's claim.

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Since the very basis of the claim for compassionate appointment is on the adoption certificate as well as the legal heirship certificate, the validity of which has now been questioned by the respondent through proceedings dated

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

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Contempt Petition No.1079 of 2022

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16.09.2022, non-consideration of the direction passed by this Court in the writ petition cannot be termed to be a wilful disobedience. Nevertheless, if the petitioner is aggrieved by the rejection order dated 16.09.2022, it is always open to challenge

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the same in accordance with law.

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Accordingly, the Contempt Petition is closed.

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16.12.2022

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Index: Yes/ No Speaking Order/Non-speaking Order sr

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

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Contempt Petition No.1079 of 2022

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M.S.RAMESH,J.,

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Contempt Petition No.1079 of 2022

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16.12.2022

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15.12.2022

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

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R.Vishnupriyan v. D.Rathna I.A.S.

Case brief

What is this about?

What did the court decide?

R.Vishnupriyan v. D.Rathna I.A.S.

Case brief

What is this about?

What did the court decide?

What the court decided

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