Madras High CourtCONT P/2156/2017closed

B.Mahalakshmi v. Mr.S.Karmegam

2019-01-22Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M.V. Muralidaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.01.2019

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH and THE HON'BLE Mr. JUSTICE M.V.MURALIDARAN Cont.P.No.2156 of 2017 B.Mahalakshmi ..

Petitioner Vs.

1.S.Karmegam, The Director of Elementary Education, College Road, Chennai - 6.

2.P.Valarmathi, The District Elementary Educational Officer, Salem District, Salem.

3.K.Anboli, The Additional Assistant Elementary Educational Officer, Omalur, Salem District.

4.M.Rajagopal, Secretary, Aided Elementary School, Mullichettipatty, Thinnapatty Post, Omalur Taluk, Salem District.

Respondents (R4 impleaded vide order dated 15.03.2018 in Sub Application No.119 of 2018 in Cont.P.No.2156 of 2017)

Petition filed under Section 11 of Contempt of Courts Act to punish the respondents for the act of wilful disobedience of the order of this Court dated 24.01.2017 made in W.P.No.22891 of 2015.

For Petitioner ..

Mr.A.S.Kaizer For Respondents ..

Mr.M.Elumalai, Govt. Advocate

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Alleging that the order dated 24.01.2017 passed by this Court in W.P.No.22891 of 2015 has not been complied with, the present contempt petition has been filed. 2.In purported compliance of the order passed, the contenmors passed an order. Learned counsel appearing for the petitioner submits that the said order is not in compliance with the order passed by this Court. 3.Law is quite settled. The order is passed in purported compliance. The remedy open to the party alleging contempt is to challenge the aforesaid order. Since the proceedings being quasi criminal in nature, the question of wilfulness will have to be seen. As we do not find any contumacious act on the part of the respondents, the

contempt petition stands closed, giving liberty to the petitioner to challenge the order passed by the contemnors. SD/- ASSISTANT REGISTRAR(COMM.CASES) mmi //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/18/02/2019