High Court v. S.Subramanian(Party-In-Person)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2022 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN High Court of Madras .. Petitioner Vs.

S.Subramanian, Founder President, School And Higher Education, Parents Students Welfare Association, 446-D Block, Janani Blossom Apartment, 12th Cross, M-Lane, Krishna Nagar, Lawspet, Pondicherry 605 008 .. Respondent/Contemnor Suo Motu Contempt proceedings initiated against the respondent/contemnor herein as per order of this Court dated 05.01.2022 made in W.P.Nos.17527, 17556, 25062, 25066 and 25216 of 2017. For Petitioner :

Mr.S.Kaithamalai Kumaran For Respondent :

Mr.N.Manoharan *****

O R D E R

[Order of the Court was made by P.N.PRAKASH, J] On 18.03.2022, we passed the following order: "Mr.S.Subramanian, the respondent/alleged contemnor, is present. Mr.N.Manokaran, Advocate, has entered appearance for 1/3

him. He has been furnished with a copy of the typed set of papers containing the impugned representation and the affidavit of the petitioner, both dated 23.12.2021, that was submitted to the Hon'ble Chief Justice.

2. Mr.S.Subramanian tendered his unconditional apology for his indiscretion in addressing the representation dated 23.12.2021 to the Hon'ble Chief Justice and prayed for mercy.

3. However, we direct Mr.S.Subramanian to file an affidavit disclosing his qualification and avocation and also the circumstances under which, he had sent the representation dated 23.12.2021 to the Hon'ble Chief Justice.

Call on 01.04.2022."

2. Pursuant to the above, Mr.S.Subramanian has filed an affidavit dated 01.04.2022 expressing unconditional apology for what he had done. He has also narrated the entire circumstances, under which he had sent the impugned representation to the Hon'ble Chief Justice, which is the subject matter of the present contempt petition. In paragraph No.2 of the affidavit, Mr.S.Subramanian has stated as follows:

"2. I submit that at the outset, I tender my unconditional apology before this Hon'ble Court for my conduct of submitting a representation and an affidavit dated 23.12.2021 to the Hon'ble Chief Justice stating that I was denied an opportunity to present my case and prayed transfer of the writ petitions to some other Hon'ble Court. I submit that I never had an intention to cause any aspersions against the Hon'ble Judge who heard the writ petitions. I had appeared in person for and behalf of the Parents' Students' Welfare Association for a common cause in the writ petitions filed by various private medical colleges, therefore, out of anxiety and frustration, I have submitted the representation dated 23.12.2021. I have no intention to disrespect the institution and the Hon'ble Judge. I never even thought that my representation and affidavit dated 23.12.2021 2/3

would provoke the situation to this extent. Hence, once again, I pray this Hon'ble Court to accept my unconditional apology for my act complained of."

3. Accepting his apology, further proceedings against Mr.S.Subramanian stands dropped.

Accordingly, this Contempt Petition is closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) gm //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.

Gs/11/04/2022 To The Section Officer, Legal Cell, High Court, Madras 3/3