Dr.K.A.Shanmugasundaram v. Dr.S.Sivakumar And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2024 CORAM :

THE HONOURABLE MR. JUSTICE R.SURESH KUMAR Cont.P.No.2688 of 2023 in W.P.No.24244 of 2019 Dr.K.A.Shanmugasundaram S/o.M.N.Arumugam ... Petitioner / Petitioner -Vs1. Dr.S.Sivakumar, The Deputy Registrar (Admin), Tamil Nadu Agricultural University, Coimbatore - 641 003.

2. C.Samayamoorthy, I.A.S., Agricultural Production Commissioner and Secretary to Government, The State of Tamil Nadu, Agriculture and Farmers Welfare Department, Secretariat, Chennai - 600 009.

... Respondents / Respondents PRAYER : Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for wilful disobedience of the order of this Court dated 24.08.2022 made in W.P.No.24244 of 2019. For Petitioner :

Mr.Rameshwar For Respondents :

Mr.M.Vijay Mohanathan Standing Counsel for R1 Mr.M.Murali Government Advocate for R2 1/4

O R D E R

This contempt petition has been filed for the alleged disobedience of the order of this Court dated 24.08.2022 made in W.P.No.24244 of 2019.

2. Earlier orders had been passed on 28.11.2023 and 07.12.2023 and those orders when were produced before this Court, this Court found that, the order of this Court has not been fully complied with as the petitioner had not been permitted to work as Associate Professor as has been directed by the writ Court order dated 24.08.2022.

3. At that stage, a detailed order has been passed on 29.11.2023 and thereafter, when the contempt petition is taken up for hearing today, Mr.M.Vijay Mohanathan, learned Standing Counsel appearing for the respondent University has submitted that, a rectification order has been issued on 04.01.2024, under which, the direction given by this Court to permit the petitioner to work as Associate Professor has also been accepted and in support of his contention, he has produced a copy of the order dated 04.01.2024, where the following has been stated:

"In partial modification of the orders issued in the references 5th & 6th cited, Dr.K.A.Shanmugasundaram, Assistant Professor (Horticulture), Department of Fruit 2/4

Science, TNAU, Coimbatore is permitted to work as Associate Professor with effect from 14.05.2018 [i.e., the date of joining as Associate Professor (Horticulture)]."

4. In view of the said compliance having been made and this also has been accepted and not controverted by Mr.Rameshwar, learned counsel appearing for the petitioner, this Court feels that, no pursuasive action will be required in this contempt petition, accordingly, this contempt petition is closed. 31.01.2024 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. Dr.S.Sivakumar, The Deputy Registrar (Admin), Tamil Nadu Agricultural University, Coimbatore - 641 003.

2. C.Samayamoorthy, I.A.S., Agricultural Production Commissioner and Secretary to Government, The State of Tamil Nadu, Agriculture and Farmers Welfare Department, Secretariat, Chennai - 600 009.

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R.SURESH KUMAR, J.

vji in W.P.No.24244 of 2019 31.01.2024 4/4