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Madras High CourtCONT P/230/2016closed

Dr.S.Chandramohan v. Dr.S.Ganesan

2017-03-22Honourable Mr Justice S. Nagamuthu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:22.03.2017 Coram The Hon'ble Mr. Justice S.NAGAMUTHU Cont.P.No.230 of 2016 and Sub Application No.28 of 2016 Sub-Application No.90 of 2017 Dr.S.Chandramohan .... Petitioner vs.

Dr.S.Ganesan Registrar, Anna University, Chennai-600 025 .... Respondent Petition filed under Section 11 of the Contempt of Courts Act to punish the respondent for the willful disobedience of the order passed by this Court in W.P.No.2454 of 2014 dated 13.06.2014.

For Petitioner in Cont.P. and for the respondent in Sub.A.No.90/17 .. Mr.N.G.R.Prasad for M/s.Row and Reddy For Respondent in Cont.P. and for the petitioner in Sub-Application No.90/17 .. Mr.S.T.Murthy,A.A.G.(V) Assisted by Mr.V.Shanmugasundaram

ORDER

(Order of the Court was made by S.Nagamuthu,J.) Alleging that the order of this Court, dated 13.06.2014, made in W.P.No.2454 of 2014, has not been

complied with by the respondent, the petitioner has come up with this petition.

2. Today, when the contempt petition was taken up, the learned Additional Advocate General, representing the Registrar, Anna University, submitted a copy of the proceedings of the Registrar in Proceedings.No.011/PR20/14, dated 20.03.2017, giving full effect to the order of this Court in W.P.No.2454 of 2014, dated 13.6.2014. The learned Additional Advocate General further submitted that as a consequence, a cheque for Rs.1,26,762/- (Rupees One lakh twenty six thousand seven hundred sixty two only) has also been issued to the petitioner towards the arrears of salary. The same is recorded.

3. The contemnor has filed Sub-Application No.90 of 2017, seeking to recall the order made on 15.3.2017. In the affidavit filed in support of the same, the contemnor has tendered his unconditional apology. The said request is based on the fact that the order has been given full effect.

4. The learned counsel Mr.N.G.R.Prasad appearing for the petitioner would submit that even now the order dated 20.03.2017 has been passed only by the Registrar and the same has not been approved by the Syndicate.

5. The learned Additional Advocate General submitted that in the next Syndicate meeting, the order of the Registrar dated 20.03.2017, would be ratified. The

same is recorded. It is made clear that if it is not ratified by the Syndicate in the next meeting, the petitioner will be at liberty to make a mention before this Court, seeking to re-open the case.

6. In view of the above position, the compliance of the order in W.P.No.2454 of 2014 is recorded. Accordingly, the contempt petition is closed. The Subapplication No.90 of 2017 is allowed and the order of this Court, dated 15.3.2017, is hereby recalled. Consequently, Sub-application No.28 of 2016 is closed.

SD/- JOINT REGISTRAR(OS)(i/c) msk //Certified to be true copy// Dated at Madras this the day of 2017. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GSR/CO/18/07/2017 one cc to M/s.Row & Reddy, SR.4532/17 Copy to Dr.S.Ganesan, Registrar, Anna University, Chennai-25.