N.Naga Harihara Sudan v. B.Ramachandiran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.09.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Cont.P.No.1160 of 2020 in W.P.No.14840 of 2020 N.Naga Harihara Sudan, S/o.V.Nagarajan, No.21, Ezhai Mariamman Koil Street, Kosapalayam, Puducherry - 605 013

...Petitioner

Vs 1.Mr.B.Ramachandiran, The Chairman, Sri Venkateshwaraa Medical College Hospital and Research Centre, 13-A, Pondy- Villupuram Main Road, Ariyur, Puducherry - 605 102.

2.Dr.S.Ratnasamy, The Principal, Sri Venkateshwaraa Medical College Hospital and Research Centre, 13-A, Pondy- Villupuram Main Road, Ariyur, Puducherry - 605 102.

.....Respondents Prayer: Contempt petition filed under Section 11 of the Contempt of Court Act for their wilful and deliberate disobedience of the interim order passed by this Court on 28.10.2020 in WP No.14840 of 2020 and WMP No.18440 of 2020.

For Petitioner : Mr.V.B.R.Menon For Respondents : Mr.Abishek Jenasenan for M/s.S.Senthil for R1 and R2

O R D E R

Pursuant to the statutory notice issued by this Court on 05.08.2021, Mr.B.Ramachandran, the Chairman of the college and Dr.S.Ratnasamy, the Dean of the college, were present through video conferencing.

2.

Mr.Abishek Jenasenan , learned counsel appearing on behalf of the respondents submitted that the orders passed by this Court has been complied with and gave an assurance that wherever the orders have become final, the college will comply with the same and will not drive the petitioners to move a contempt before this Court in order to enforce the orders passed by the Court. The learned counsel further submitted that the respondents did not intentionally disobey the order of this Court and that in any case, they tendered their unconditional apology and requested this Court to drop the contempt proceedings.

3.

The learned counsel for the petitioner submitted that the students are being made to knock the doors of this Court at every stage inspite of directions issued by this Court. The learned counsel for the petitioner also drew the attention of this Court with regard to another contempt petition which has been filed against the respondents for non compliance of the directions issued by this Court in this Writ petition. It

was therefore submitted that the respondents cannot take the orders passed by this Court lightly and requested this Court to proceed further against the respondents.

4.

In the considered view of this Court, the assurance given by the respondents and the submissions made by the learned counsel appearing on behalf of the respondents is taken into consideration. The power of contempt is to be sparingly used by this Court and this Court must be more gracious while dealing with the contempt petitions and punishment should be imposed only where this Court finds a contumacious conduct on the part of the contemnors.

5.

This Court hopes that the respondents do not repeat this conduct in future and this Court does not want to proceed further with this contempt petition, in view of the compliance of the order passed by this Court.

6.

Accordingly, the contempt petition is closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) dpqham //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

IM/21/09/2021 To 1.The Chairman, Sri Venkateshwaraa Medical College Hospital and Research Centre, 13-A, Pondy- Villupuram Main Road, Ariyur, Puducherry - 605 102.

2. The Principal, Sri Venkateshwaraa Medical College Hospital and Research Centre, 13-A, Pondy- Villupuram Main Road, Ariyur, Puducherry - 605 102.