Madras High CourtCONT P/1001/2018closed

A. Ganesan v. Karuppasamy

2018-07-31Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2018

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA CONT.P.No.1001 of 2018 A.Ganesan, S/o.Amirthalingam, Manager, Aided Elementary School, Reddipalayam, Kattukanur Post, Arani Taluk, Thiruvannamalai District.

.. Petitioner Vs.

1. Karuppusamy, M.Sc., M.Phil., B.Ed., Ph.D., The Director of Elementary Education, DPI Complex, College Road, Chennai-6.

2. K.S.Kandasamy, I.A.S., The District Collector, Thiruvannamalai District, Thiruvannamalai.

3. Ka.Illavarasan, M.A., B.Ed., M.Phil., The District Elementary Educational Officer, Thiruvannamalai District, Thiruvannamalai.

4. K.Udaya KUmar, M.A., M.Phil., B.Ed., The Assistant Elementary Educational Officer, Arani Taluk, Thiruvannamalai District, Thiruvannamalai.

.. Respondents * * * Prayer : Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents for their act of causing willful, deliberate and intentional disobedience to the order dated 18.04.2017 made in W.P.No.32423/2016. * * * For Petitioner : Ms.A.Anusuya For Respondents : Mr.C.Munusamy, Spl. Govt. Pleader (Education)

O R D E R

This Contempt Petition has been filed seeking to punish the respondents for their act of causing willful, deliberate and intentional disobedience to the order dated 18.04.2017 made in W.P.No.32423/2016.

2. This Court had summoned the contempt petitioner and counsel to be present in the Court, in view of the letter dated 14.07.2018 written by the contempt petitioner to the Block Educational Officer, Arani West, wherein, it is stated that he had not filed any contempt petition or any such case and that the present Contempt Petition No.1001/2018 was filed by somebody using his name. The learned counsel as well as the petitioner appeared before this Court and they were asked to file an affidavit in this regard.

3. It is stated in the affidavit that the contempt was filed before compliance of the order directing closure of the school. Thereafter, the order was complied with. However, the contempt petition was numbered subsequently and it is stated that there was a communication gap in this regard between the petitioner and the counsel. Hence, such letter was written by the contempt petitioner to the Block Educational Officer. In the said affidavits, the counsel

as well as the contempt petitioner tendered unconditional apology. Accepting the same, the affidavits are taken on record.

4. In view of the above, the contempt petition is closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) rsi/gg //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

Ps/28/11/2018