Madras High CourtCONT P/222/2022withdrawn dismissed

N.Karthikeyan v. Kakarla Usha, I.A.S.,

2022-03-07Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Contempt Petition No.222 of 2022 N.Karthikeyan, 2,Throwpathyamman koil street, Mel Bhauvangiri Taluk, Cuddalore district.

.. Petitioner vs

1. Kakarla Usha, I.A.S., Secretary to Government, Education Department, Secretariat, Chennai 600 009.

2. K.Arivoli, The Director of Elementary Education, DPI Campus, Chennai 600 006.

3. S.Jackkulin Rosi, Block Development Officer, The Additional Assistant Elementary Educational Officer, Bhuvanagiri Block, Cuddalore District.

.. Respondents Prayer: Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents 1 to 3 for willful disobedience of the order of this Court dated 14.07.2021 made in W.A.No.422 of 2021. For the Petitioner :

Mr.A.Kumar For the Respondents :

Mrs.Mythreye Chandru Spl.G.P. (Edn.) * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The contempt petition has been filed in reference to the judgment dated 14.07.2021 passed by the Division Bench wherein no direction has been given rather the appeal preferred by the appellant was dismissed upholding the judgment of the learned Single Judge. Thus, if at all compliance is to be sought, it is of the judgment of the learned Single Judge and thus, contempt would be maintainable before the learned Single Judge.

2. The learned counsel for the petitioner submits that contempt petition was earlier preferred before the learned Single Judge, however, it was dismissed on account of the interim order passed in the appeal and thereupon, the appeal was dismissed by the Division Bench, thus, the contempt petition has been filed before the Division Bench.

3. We do not find non-compliance of the judgment of the Division Bench because the judgment therein is only affirming the judgment of the learned Single Judge. The contempt is alleging non-compliance of the judgment of the learned Single Judge and thereby, the petition would be maintainable before the learned Single Judge.

4. Accordingly, the petitioner prays for withdrawal of the present

contempt petition with liberty to maintain it before the learned Single Judge.

5. The prayer aforesaid is granted and otherwise, as per the observation of the Division Bench also, the contempt would be maintainable before the learned Single Judge now after the dismissal of the writ appeal. The contempt petition is, accordingly, dismissed with the liberty aforesaid.

SD/- ASSISTANT REGISTRAR(COMM.CASES) sra //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/18/03/2022 To:

1. The Secretary to Government, Education Department, Secretariat, Chennai 600 009.

2. The Director of Elementary Education, DPI Campus, Chennai 600 006.

3. The Block Development Officer, The Additional Assistant Elementary Educational Officer, Bhuvanagiri Block, Cuddalore District.