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Madras High CourtCONT P/382/2024closed

S.Alfred Xavier v. Thiru.A.Karthik Ias, And Another

2024-07-12Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2024

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH and Sub.Appl.No.614 of 2014 S.Alfred Xavier

...Petitioner

Vs 1.Thiru.A.Karthik, I.A.S., Secretary to Government, Higher Education Department, Secretariat, Chennai - 600 009.

2.Thiru.K.Veera Raghava Rao, I.A.S., Commissioner, Directorate of Technical Education, Guindy, Chennai - 600 025.

...Respondents

Prayer: Contempt Petition filed under Section 11 of Contempt of Courts Act, praying to punish the respondents for their willful disobedience of the order of this Court dated 08.02.2023 passed in W.P.No.15093 of 2018. For Petitioner : Mr.K.Arumugam For Respondents : Mr.J.Ravindran, AAG assisted by Mr.D.Ravichandran, Spl.G.P.

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ORDER

In continuation of my earlier order dated 05.04.2024, Mr.K.Veera Raghava Rao, I.A.S., Commissioner of Technical Education, Chennai, is physically present before this Court.

2. The learned Additional Advocate General appearing on behalf of the respondents submitted that as against the order passed in W.P.No.15093 of 2018, they have preferred a Writ Appeal in W.A.Sr.No.57302 of 2024, along with an application in C.M.P.No.9753 of 2024 to condone the delay in filing the Writ Appeal, wherein the Hon'ble Division Bench has instructed the writ petitioner not to press the Contempt Petition.

3. When the Hon'ble Division Bench has taken cognizance of the appeal and has proceeded with it, it would not be appropriate for this Court to parallelly proceed with the Contempt Petition. However, if liberty is granted to the petitioner to workout his remedies, after final orders are passed in the Writ Appeal, a balance can be struck. 2/4

4. Accordingly, the Contempt Petition stands closed with liberty to the petitioner to workout his remedies subject to the outcome of the Writ Appeal. Consequently, the connected sub application is closed. 12.07.2024 Index:Yes/No Speaking/Non-speaking order hvk To 1.Thiru.A.Karthik, I.A.S., Secretary to Government, Higher Education Department, Secretariat, Chennai - 600 009.

2.Thiru.K.Veera Raghava Rao, I.A.S., Commissioner, Directorate of Technical Education, Guindy, Chennai - 600 025.

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M.S. RAMESH,J.

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