Dr.S.Rajamanickam v. Dr.P.Arumugam, M.D.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.10.2015

CORAM

THE HON'BLE Mr. JUSTICE K.K.SASIDHARAN Contempt Petition No.2419 of 2015 Lord Balaji Educational and Charitable Trust, rep.by its Chairman, Dr.S.Rajamanickam ... Petitioner Vs.

Dr.P.Arumugam,M.D.

Registrar, Tamil Nadu Dr.M.G.R.Medical University, 69, Anna Salai, Guindy, Chennai-600 032 ... Respondent Contempt Petition has been filed under Section 11 of Contempt of Courts Act to punish the respondent for not obeying the order passed in W.P.No.12662 of 2013 dated 23.07.2013.

For Petitioner :

Mr.V.Selvaraj for Mr.D.Prabhu Mukunth Arunkumar

ORDER

The petitioner has come up with this contempt petition alleging that inspite of specific direction issued by this Court to increase the intake from 50 to 100, the respondent has passed an order, originally increasing the

intake and thereafter reducing it once again to 50.

2. According to the learned counsel for the petitioner, no formal order was passed by the respondent indicating that the present intake is only 50.

3. This Court passed an order directing the respondent to restore the original intake of 100 students with effect from 2002-03. The factual matrix indicates that pursuant to the order passed by this Court, the respondent has passed an order on 11.11.2013, increasing the intake from 50 to 100. The respondent, while increasing the intake, made it very clear that continuance of affiliation would be subject to the result of fresh inspection. It is the grievance of the writ petitioner that without even passing formal orders, intake was reduced to 50.

4. The action taken by the respondent, reducing the intake from 100 to 50, subsequent to the compliance of the order passed by this Court, would give the petitioner a separate cause of action. In case, the petitioner is aggrieved, it is always upon to it to challenge the subsequent information furnished by the respondent reducing

the intake from 100 to 50. In any case, the petitioner has not made out a case for contempt.

In the result, the contempt petition is dismissed. msk SD/- DEPUTY REGISTRAR(CLAA) //Certified to be true copy// Dated at Madras this the day of 2015. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SS/CO/27/11/2015 One CC to Mr.A.Thirumurthy, Advocate, Sr.No.13352