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Madras High CourtCONT P/1615/2018closed

R.Satish Kanna v. Thiru.Vijay Raj Kumar

2018-10-22Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2018

CORAM

THE HONOURABLE MR. JUSTICE M.DURAISWAMY Contempt Petition No.1615 of 2018 R.Satish Kanna ..

Petitioner

Versus

1.Thiru Vijay Raj Kumar, The State of Tamil Nadu, rep. by its Principal Secretary to Government, Welfare of Differently Abled Persons (DAP-I) Department, Secretariat, Fort St. George, Chennai - 600 009.

2.Thiru Arun Roy, The Principal Secretary/State Commissioner for the Differently Abled, Lady Willington Campus, Kamarajar Salai, Chennai - 600 005.

3.Thiru Srinath, The Project Officer (GIMR), District Disabled Rehabitation Centre, Tambaram Sanitorium, Chennai-47.

..

Respondents Petition under Section 11 of the Contempt of Courts Act 1971 for the disobedience of the order of this Court dated13.7.2017 passed in W.M.P.No.19293 of 2017 in W.P.No.17783 of 2017.

For Petitioner :

Mr.G.Sankaran For Respondents :

Mr.S.N.Parthasarathy Government Advocate

ORDER

By an order dated 13.7.2017, this Court granted an interim order of stay of the order dated 06.6.2017 passed by the 3rd respondent viz., The Project Officer, (G.I.M.R.), District Disabled Rehabitation Centre, Tambaram Sanitorium, Chennai-47.

2. The petitioner has filed the Contempt Petition stating that the respondents are trying to close down the Early Intervention Centre.

3. On a perusal of the impugned order dated 06.6.2017, it is clear that the petitioner was called upon to hand over keys of the Centre immediately.

4. This Court, by an order dated 13.7.2017, stayed the operation of the order dated 06.6.2017, which relates only to handing over of keys of the Centre. In so far closure of the Centre is concerned, the impugned order does not utter a single word. In view of the same, if the respondents are contemplating in closing the Centre, the remedy open to the petitioner is only to file appropriate petition in accordance with law.

5. Mr.S.N.Parthasarathy, learned Government Advocate, who accepts notice on behalf of the respondents, submitted that the Centre is still functioning and that the order of

stay granted by this Court has been obeyed by the respondents in all respects.

6. For the reasons stated supra, I do not find any reason to keep the Contempt Petition pending. Accordingly, the Contempt Petition is closed. It is open to the petitioner to file appropriate petition with regard to the closure of the Centre in accordance with law. SD/- ASSISTANT REGISTRAR(COMM.CASES) bbr //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/22/11/2018 To

1. The Principal Secretary to Government, Welfare of Differently Abled Persons (DAP-I) Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Principal Secretary/State Commissioner for the Differently Abled, Lady Willington Campus, Kamarajar Salai, Chennai - 600 005.

3. The Project Officer (GIMR), District Disabled Rehabitation Centre, Tambaram Sanitorium, Chennai-47.