K. Kolappa Pillai vs Kakarla Usha, I. A. S. , Secretary to Government, Education Department, Secretariat, Chennai -8

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 47

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. JAYACHANDRAN, G.R. SWAMINATHAN, JJ.
K. Kolappa Pillai - Petitioner
Versus
Kakarla Usha, I.A.S., Secretary to Government, Education Department, Secretariat, Chennai -8 and Anr. – Respondents
Cont. P. (MD) No.1236 Of 2022 in Rev.APLC(MD) No.60 Of 2021 in W.A. (MD) No.1658 Of 2018
Decided On : 07-02-2023

Advocates Appeared:
For the Petitioner: Mr. S. Govindan.
For the Respondents: Mr. J. Ashok.

Headnote:
Contempt of Courts Act, 1971 - Section 11 - Committing contempt for wilful disobedience - learned Additional Government Pleader appearing for the Contemnors/Respondents submitted that in Review Application, the Division Bench of this Court in its order, has directed respondents to consider representation of Appellant and dispose of same by a reasoned order, within a period of two weeks from date of receipt of such representation, in connection with payment of pension - Held, Contempt Petitioner has given his representation - Since it was not disposed of within time stipulated by this Court, Contempt Petition is filed - During the pendency of Contempt Petition, first respondent/first Contemnor had passed an order, wherein, recommendation of Department not been favourably considered by the Government and request for granting pension was rejected, assigning reasons - Court finds that there is no scope to entertain this Contempt Petition - Contempt Petition closed.

ORDER :

[G. Jayachandran, G.R. Swaminathan, JJ.]

[PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act praying this Court to punish the Contemnors/Respondents for committing contempt for the wilful disobedience of the order passed by this Court in REV.APLC(MD)No. 60 of 2021 in W.A(MD)No.1658 of 2018, dated 28.03.2022.]

1. Contempt Petition filed alleging that the direction of this Court, dated 28.03.2022 passed in REV.APLC(MD)No.60 of 2021 in W.A(MD)No.1658 of 2018, dated 28.03.2022, not complied with,is taken up for consideration today.

2. The learned Additional Government Pleader appearing for the Contemnors/Respondents submitted that in the Review Application, the Division Bench of this Court in its order, dated 28.03.2022, has directed the respondents to consider the representation of the Appellant and dispose of the same by a reasoned order, within a period of two weeks from the date of receipt of such representation, in connection with payment of pension.

3. Accordingly, the Contempt Petitioner has given his representation on 06.04.2022. Since it was not disposed of within the time stipulated by this Court, the Contempt Petition is filed. During the pendency of the Contempt Petition, the first respondent/first Contemnor had passed an order, dated 07.02.2023, wherein, the recommendation of the Department not been favourably considered by the Government and the request for granting pension was rejected, assigning reasons.

4. In the light of the above facts, this Court finds that there is no scope to entertain this Contempt Petition. Accordingly, the Contempt Petition stands closed. No costs.

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