Contempt petition filed for non-compliance of a 2021 order to re-fix driver seniority. Court accepted respondent's explanation of unavailability for flood relief and extended deadline for compliance.
Defendant directed to complete proceedings and pass orders by 28.12.2023. Contempt petition closed.
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.
CONT.P.(MD)No.2453 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.12.2023
CORAM :
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
CONT.P.(MD)No.2453 of 2023
P.Murugesan
... Petitioner
Vs.
J.Anbalagan, The Superintending Engineer, Dindigul Electricity Distribution Circle, TANGEDCO, Dindigul.
... Respondent
PRAYER: Contempt Petition filed under Section 11 of Contempt of Court Act, 1971, praying this Court to punish the respondent for willfully disobeying and not complying with the order of this Court dated 03.02.2021 in W.P.(MD)No. 5969 of 2012.
For Petitioner : Mr.K.Anandan For Respondent : Ms.Parameswari
ORDER
This Contempt Petition arises out of the non-compliance of the order
dated 03.02.2021 made in W.P.(MD)No.5969 of 2012. The relevant portion of the order is extracted hereunder:-
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CONT.P.(MD)No.2453 of 2023
“11.For the reasons above stated, the order impugned in the present Writ Petition is set aside and the matter is remitted back to the authorities to rework the entire issue and refix the seniority of the drivers as per the Regulations of the Tamil Nadu Electricity Board, in the appropriate place including petitioner, after affording an opportunity of hearing to the petitioner, sixth respondent and other affected persons. Accordingly, the writ petition stands allowed. No costs. Consequently, the connected miscellaneous petition is closed.”
2.When the matter was taken up for hearing on 20.12.2023, Ms.Parameswari, learned counsel took notice for the respondent and sought time to get instructions. Today, she reports that panel has been re-worked and final orders are yet to be passed, since the Superintending Engineer is not currently available in Dindigul District, but has been sent for flood relief work at Tirunelveli. She further states that re-fixation order will be issued on or before 28.12.2023.
3.The said statement is taken on record and there shall be a direction
to the respondent to complete the proceedings as per the statement made by the learned counsel for the respondent, on or before 28.12.2023.
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CONT.P.(MD)No.2453 of 2023
4.With this direction, this Contempt Petition stands closed.
22.12.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No
Yuva
To
J.Anbalagan, The Superintending Engineer, Dindigul Electricity Distribution Circle, TANGEDCO, Dindigul.
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CONT.P.(MD)No.2453 of 2023
V.LAKSHMINARAYANAN, J
Yuva
CONT.P.(MD)No.2453 of 2023
22.12.2023
2 issues framed by the court
Whether respondent is liable for contempt for non-compliance of previous Court order regarding seniority re-fixation?
Whether applicant's representation regarding work on flood relief justifies extension of deadline for compliance?
P. Murugesan
J. Anbalagan
V. LAKSHMINARAYANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
