Sadasivam Kathirkamavallil College Of Arts And Science v. Shri. Anil Kumar Sharma

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2019

CORAM

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH AND THE HONOURALE MR. JUSTICE RMT.TEEKAA RAMAN Contempt Petition No.547 of 2019 Sadasivam Kathirkamavalli College of Arts & Science, Rep., by its Chairman Dr.G.Sadasivam, Vaduvoor Salai, Melavasal, Mannargudi-614 001.

... Petitioner Vs.

1.The Regional Director, Southern Regional Committee, National Council for Teacher Education, Jnanabarathy Campus Road, Opp. to National Law School, Nagarabhavi, Bangaluru-560 072.

Now shifted to:

Shri Anil Kumar Sharma, The Regional Director, Southern Regional Committee, National Council for Teacher Education, G-7, Sector 10, Dwarka, New Delhi-110 075.

... Respondent Contempt petition is filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for the willful disobedience of the order of this Court in W.A.No.1608 of 2017 dated 05.03.2018 as contempt of Court. For petitioner : No appearance For respondent : Mr.J.Harikrishna

O R D E R

(Order of the Court was made by M.M.Sundresh,J.) The contempt petition has been filed inter alia alleging that the order passed by this Court dated 05.03.2018 in W.A.No.1608 of 2017 has not been complied with by the contemnor.

2. Heard the learned counsel for the respondent. There is no representation for the petitioner.

3. The learned counsel appearing for the respondent has submitted that as against the order of the Division Bench of this Court, a Special Leave to Appeal (C) No.17508 of 2018 has been filed before the Apex Court, in which, the following order has been passed.

"We are not inclined to interfere in the order passed by the High Court.

However, at the same time, we make it clear and observe that it would be open to the petitioner while considering the case as directed, to take into consideration all the deficiencies which may be there including the time period etc and pass appropriate order.

With the aforesaid observations, the special leave petition and pending applications stand disposed of."

4. In view of the same, the application was considered and rejected by pointing out the deficiencies. We have also perused the proceedings of the 370th Meeting of Southern Regional Committee (SRC) held on 07th-08th February, 2019. Though the deficiency pointed out, in our considered view, may not be correct and not being in consonance with the order of the Division Bench inasmuch as rejection was also made on other deficiencies, we are inclined to close this contempt petition giving liberty to the petitioner to file appropriate application in the manner known to law, if so advised.

5. Accordingly, the contempt petition stands closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) raa //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.

smi/13/08/2019