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Madras High CourtCONT P/724/2017closed

G.Deivanai v. K.Vivekanandan, Ias

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. 724 of 2017 --- C. Deivanai .. Petitioner

Versus

1. Shri. K. Vivekanandan, I.A.S., The District Collector Dharmapuri - 636 701

2. Mr. N. Ramajeyam Block Development Officer Panchayat Union Elementary School Vettaganampatti Palacode Panchayat Union Dharmapuri - 636 808 .. Respondents Petition filed under Section 11 of The Contempt of Court Act, 1971 praying to punish the respondents for wilful disobedience of the order passed by this Court in WMP No. 28403 of 2016 in WP No. 32858 of 2016 dated 20.09.2016. For Petitioner :

Mr. V. Raghavachari For Respondents :

Mr. M. Elumalai Government Advocate

ORDER

The petitioner has filed WP No. 32858 of 2016 praying for issuing a Writ of Certiorarified Mandamus to call for the records of the proceedings in Na.Ka.No.23005/2015, AKS dated 11.08.2016 on the file of the first respondent and to quash

the same as illegal, incompetent and without jurisdiction and further direct the first respondent to reinstate the petitioner as a 'Noon Meal Organiser' in the second respondent school.

2.

Pending writ petition, the petitioner has filed WMP No. 28403 of 2016 in WP No. 32858 of 2016 to stay all further proceedings in Na.Ka.No.23005/2015, AKS dated 11.08.2016 on the file of the first respondent.

3.

When WMP No. 28403 of 2016 in WP No. 32858 of 2016 was taken up for hearing, this Court, after hearing the counsel for both sides passed an order dated 20.09.2016 granting interim stay of all further proceedings dated 11.08.2016 on the file of the first respondent. According to the petitioner, the respondents did not comply with the said order dated 20.09.2016 passed by this Court and therefore, she has filed this contempt petition.

4.

Today, when the contempt petition is taken up for hearing, the learned Government Advocate appearing for the respondents produced a copy of the proceedings bearing Na.Ka.No.23005/2015/X1 dated 02.07.2018 of the first respondent, wherein, the first respondent issued a posting order to the petitioner as Noon Meal Organiser in Athimutlu Panchayat Union Middle School subject to the result of WP No. 32858 of 2016

5.

Having regard to the fact that pursuant to the direction issued by this Court on 20.09.2016 passed by this Court in WMP No. 28403 of 2016 in WP No. 32858 of 2016, the first respondent has passed an order dated 02.07.2018 issuing posting order to the petitioner as Noon Meal Organiser, subject to the result of the above WP No. 32858 of 2016 filed by her, this Court is of the view that there is nothing survives for adjudication in this contempt petition. 6.

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 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.

PS/27/11/2018