Krishnamoorthy Exucational v. V.C.Rameshwara Murugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 26-04-2016

CORAM:

THE HONOURABLE MR. JUSTICE M.M. SUNDRESH Contempt Petition No.1267 of 2016 Krishnamoorthy Educational Trust Rep. by its Founder Cum Chairman No.79/1, Katpadi Road Gandhi Nagar Village & Post Katpadi Taluk, Vellore City & District - 632 006 .. Petitioner Vs.

Mr. V.C. Rameshwara Murugan Director State Council of Educational Research & Training College Road DPI Campus Chennai - 600 006 .. Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondent for having wilfully disobeyed the order passed by this Court in W.P.No.38550 of 2015 dated 22-12-2015 and pass orders.

For petitioner ::

Mr. G. Thilakavathi For respondent ::

Mrs. P. Rajalakshmi, GA

ORDER

Alleging that the order passed by this Court in W.P.No.38550 of 2015 dated 22-12-2015 has not been complied with, the present contempt petition has been filed. 2.

The learned counsel for the petitioner submitted that though a direction has been issued to the third respondent in https://hcservices.ecourts.gov.in/hcservices/ the writ petition, it is the fourth respondent who is the authority concerned. Therefore, appropriate orders will have to

be passed.

3.

The learned Government Advocate, on instructions, submitted that though the order passed by this Court is against the third respondent, the actual fact is that in view of the Government Order passed in G.O.(1D)No.353 dated 29-11-2006 and the letter of the Government dated 26-02-2015, the request of the petitioner cannot be considered. It is further submitted that a policy decision has been taken by the Government not to issue No Objection Certificate, in future.

4.

In view of the specific stand taken by the respondent, this Court is of the view that the contempt petition is required to be closed as passing order, if any, would at best be academic. Accordingly, contempt petition is closed. However, liberty is granted to the petitioner to challenge the proceedings of the respondent referred to above, if so advised.

glp SD/ DEPUTY REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2016. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

CO/29/04/2016 One CC to Government Pleader, SR.5515/2016 One CC to M/s.G.Thilakavathi, Advocate, SR.5479/2016 https://hcservices.ecourts.gov.in/hcservices/