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Madras High CourtCONT P/66/2017closed

Aided Primary School v. Sivamathivanan

2018-07-13Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13-07-2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH Contempt Petition No. 66 of 2017 --- Aided Primary School represented by its Manager N. Vellaiyan Pallakollai Kammapurai Union Cuddalore District .. Petitioner

Versus

1. Thiru. Sivamathivanan District Elementary Educational Officer Cuddalore, Cuddalore District

2. Thiru. Arivazhagan Assistant Elementary Educational Officer Kammapuram Union, Cuddalore District .. Respondents Contempt Petition No. 66 of 2017 :- Petition filed under Section 11 of The Contempt of Court Act, 1971 praying to punish the respondents for wilfully disobeying the order passed in WMP No. 23980 of 2016 in WP No. 27800 of 2016 extended on 06.10.2016.

For Petitioner :

Mr. S.N. Ravichandran For Respondents :

Mr. K. Karthikeyan Government Advocate

ORDER

The petitioner has filed WP No. 27800 of 2016 praying to issue a Writ of Certiorari calling for the entire records connected with the order passed by the second respondent in Na.Ka.No.2573/A2/2015 dated 29.07.2016 and quash the same. By the said order dated 29.07.2016, the second respondent has ordered for direct payment. Pending writ petition, the petitioner has filed the above WMP No. 23980 of 2016 in WP No. 27800 of 2016 seeking interim stay. When the writ petition was taken up for hearing before this Court on 09.08.2016, this Court granted an order of interim stay for a period of four weeks, which, according to the petitioner was subsequently extended on 06.10.2016. According to the petitioner, the said order of interim stay granted by this Court has not been complied with by the respondents, and therefore, he has filed the present Contempt Petition.

2.

When the contempt petition is taken up for hearing, the learned Government Advocate appearing for the respondents brought to the notice that the order of direct payment has been withdrawn by the first respondent in his proceedings Na.Ka.No.2578/A2/2017 dated 28.12.2017 subject to the result of the main writ petition.

3.

Having regard to the proceedings dated 28.12.2017 of the first respondent, withdrawing the order of direct payment passed against the petitioner school, there is nothing survives for adjudication in the contempt petition. Accordingly, the contempt petition is closed. No costs. SD/- ASSISTANT REGISTRAR(COMM.CASES) rsh //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

PS/27/11/2018