M.Pachammal v. S.Madhumathi Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2022 Coram THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ in W.A.Nos.2850, 2851, 2854, 2856 & 2858 of 2019

1. Mrs.M.Pachammal, Nagampatty Village, Madanahalli Post, Krishnagiri District ... Petitioner/Appellant/Petitioner in W.A.No.2850/2019

2. Mrs.S.Santha , No.2/183-A, Nadakottai Village, Madanahalli Post, Krishnagiri District ... Petitioner/Appellant/Petitioner in W.A.No.2851/2019

3. Mrs.D.Kavitha, Peynur Ventakasamuthiram Post, Krishnagiri District ... Petitioner/Appellant/Petitioner in W.A.No.2854/2019

5. Mrs.Saritha, Palethottam Post, Poochampalli Taluk ... Petitioner/Appellant/Petitioner in W.A.No.2856/2019

4. Mrs.R.Valliammal, Sinthagampalli Village, Maharaja Kadai Post, Krishnagiri District ... Petitioner/Appellant/Petitioner in W.A.No.2858/2019 -vs1/4

1. S.Madhumathi, I.A.S., Rep. by its Secretary to Government, Social Welfare and Nutritious Meal Programme Department, Government of Tamil Nadu, Secretariat, Chennai-9.

2. Mr.V.Jaya Chandra Bany Reddy, I.A.S., The District Collector, Krishnagiri District.

... Respondents/Respondents/Respondents Common Prayer: Contempt Petitions are filed under Section 11 of the Contempt of Courts Act to punish the Respondents for disobedience of the judgment dated 27.08.2020 passed in W.A.Nos.2850, 2851, 2854, 2856 & 2858 of 2019 on the file of this Hon'ble Court. For Petitioners : Mr.C.Mahendran in all the petitions For Respondents : Mr.U.M.Ravichandran in all the petitions Spl.Govt.Pleader ***** C O M M O N J U D G M E N T These Contempt Petitions have been filed to punish the Respondents for disobedience of the judgment dated 27.08.2020 passed by this Court in W.A.Nos.2850, 2851, 2854, 2856 & 2858 of 2019.

2. When these matters are taken up for hearing, it is represented by the learned Special Government Pleader, appearing for the respondents that by proceedings dated 10.02.2021, the request of the petitioners to amend the age criterion in G.O.(Ms) No.163, Social Welfare and Nutritious Meal Programme Department dated 18.08.2020, has been rejected and therefore, the order of this Court has been duly complied with. 2/4

3. It was brought to the attention of this Court by the learned counsel for the Petitioners that the proceedings dated 10.02.2021 has been put to challenge before this Court in W.P.No.23120 of 2021, in which there was a positive direction issued on 28.10.2021 and the direction issued therein has not been complied with till now.

4. We are of the view that since the respondents have passed an order, there is no contempt made out, insofar the present Contempt Petitions are concerned. Hence, these Contempt Petitions are closed. However, in case of disobedience of the orders of this Court dated 28.10.2021 passed in W.P.No.23120 of 2021, it is open to the petitioners to file a separate contempt petition or take such other steps in the manner known to law. The powers of this Court under Article 215 of the Constitution of India cannot be curtailed by the powers under Section 20 of the Contempt of Courts Act. No costs.

SD/- ASSISTANT REGISTRAR(COMM.CASES) ar //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

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GS/30/05/2022 To:

1. The Secretary to Government, Social Welfare and Nutritious Meal Programme Department, Government of Tamil Nadu, Secretariat, Chennai-9.

2. The District Collector, Krishnagiri District.

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