Madras High CourtCONT P/2787/2022closed

C.Shalini v. C.Madheasen And Another

2023-01-27Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Cont.P.No.2787 of 2022 & Sub Appl. No.781 of 2022 C.Shalini ... Petitioner vs.

1.C.Madheasan, District Education Officer, Gobichettipalayam, Erode District.

2.A.Mark Manford, Correspondent, St. Francis Xavier Higher Secondary School, Periya Kodivery, Gobichettipalayam, Erode District.

...Respondents

Prayer: Contempt petition filed under Section 11 of the Contempt Act, 1971 to punish the respondents for committing grave contempt and gross disobedience of the order passed by this Court in W.P.No.25970 of 2022 dated 27.09.2022.

For Petitioner : Ms.Kavitha Rameshwar For Respondent 1 : Mr.T.K.Saravanan, Government Advocate 1/5

ORDER

This petition has been filed alleging non-compliance of the order of this Court dated 27.09.2022 passed in W.P.No.25970 of 2022.

2. Learned Government Advocate appearing for the first respondent has placed an order dated 11.01.2023 passed by the first respondent, in compliance of the order dated 27.09.2022 passed by this Court in W.P.No.25970 of 2022. Since the order of this Court has been duly complied with by the first respondent, nothing survives for further adjudication in this petition.

3. However, learned counsel for the petitioner would submit that despite a direction having been given by this Court that the respondents till passing the final orders, will have to pay salary to the petitioner, the same has not been paid by the respondents. At the same time, writ appeal in W.A.No.145 of 2023 has been filed against the order of this Court dated 27.09.2022 passed in W.P.No.25970 of 2022 and the same is pending before the Division Bench of this Court.

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4. Since the writ appeal has already been filed, this Court is of the considered view that no further adjudication need to be made in this writ petition, that too, when final orders have been passed by the respondents pursuant to the order passed by this Court on 27.09.2022. If at all the petitioner is having any grievance, he has to workout her remedy before the Division Bench of this Court.

5. Accordingly, this contempt petition is closed. Consequently, connected Sub Application is also closed. No costs. 27.01.2023 nl 3/5

To 1.C.Madheasan, District Education Officer, Gobichettipalayam, Erode District.

2.A.Mark Manford, Correspondent, St. Francis Xavier Higher Secondary School, Periya Kodivery, Gobichettipalayam, Erode District.

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ABDUL QUDDHOSE, J.

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