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Madras High CourtCONT P/1346/2018closed

S.Anthonysamy, v. Dr.R.Elangovan,

2019-09-30Honourable Mr Justice Subramonium Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.09.2019

CORAM

THE HONOURABLE MR. JUSTICE SUBRAMONIUM PRASAD CONT.P.No.1346 of 2018 S.Anthonysamy .. Petitioner Vs.

1.Dr.R.Elangovan, Director of School Education, Chennai - 600 006.

2.Tmt.Vijayasalkshmi District Educational Officer, Udayarpalayam, Perambalur District.

(Now Ariyalur District).

.. Respondents Contempt petition filed under section 11 of the Contempt of Courts Act to punish the respondents for the willful disobedience of the order of this Court dated 08.08.2017 made in WP No.7263 of 2004.

For Petitioners :

M/s.C.S.Associates for P.Ganesan For Respondents :

Mr.P.Raja Government Advocate

ORDER

This Contempt petition has been filed by the petitioner for willful disobedience of the order of this Court in W.P.No.7263 of 2004 dated 08.08.2017 passed by the

respondents.

2. The State Government challenged the order dated 08.08.2017 in W.P.No.7263 of 2004 before the Division Bench. The Division Bench dismissed the Writ Appeal by an order dated 07.12.2018.

3. The matter was taken up further in Special Leave Petition. The Hon'ble Supreme Court by an order dated 23.09.2019 has passed the following order:

"Applications for exemption from filing c/c of the impugned judgment are allowed.

Applications for exemption from filing official translation are allowed.

Delay condoned.

It appears that the office report dated 20.09.2019 suggests that while some matters may have been dismissed at the admission stage, in other matters notice has been issued while all these matters raise a common issue.

Apart from this list, learned counsel for the Caveator states that there is one more matter which is dismissed i.e., Diary No.9829/2019.

In order to obviate conflicting orders, all matters need to the consolidated and since different orders are already passed at admission stage, it may be appropriate that these matters are taken up by a Three Judges Bench at the admission stage subject to orders of Hon'ble the Chief Justice of India.

Let all the matters be taken up together."

4. In the view of the above order, this contempt petition is closed. However, the petitioner is entitled to file a fresh contempt petition, if favourable orders are passed by the Supreme Court in favour of the petitioner.

5. Accordingly, this contempt petition is closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) ub //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.

Smi/30/10/2019 To 1.Director of School Education, Chennai - 600 006.

2.District Educational Officer, Udayarpalayam, Perambalur District.

(Now Ariyalur District).