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Madras High CourtSUB APPL/50/2026dismissed

K.Balamurugan, v. Mr. Naresh And Another

2026-06-12Honourable Mr.Justice T. Vinod Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2026

CORAM:

THE HONOURABLE MR. JUSTICE T.VINOD KUMAR Sub.Appl .No.

of 202 a nd Sub. Appl.No.552 of 2026 in Cont.P.DR.No.183613 of 2025 K.Balamurugan Headmaster, Annai Velankanni Middle School, (Government Aided School), Ennanagaram, Cuddalore - 608 502.

... Petitioner vs

1. Mr.Naresh Director of Elementary Education, College Road, DPI Compound, Chennai - 6.

2. Mr.Sivashankaran, District Educational Officer, Vadalur, Cuddalore - 1.

... Respondents Prayer: Sub Application is filed under Section 151 of Civil Procedure Code, to grant leave of this Court to the proposed party/petitioner Mr.K.Balamurugan, Headmaster, Annai Velankanni Middle School to file contempt petition for non -compliance of the order passed in W.P.No.14024 of 2021 dated 31.10.2023.

For Petitioner : Mr.R.D.Ashok Kumar for Mr.S.N.Ravichandran 1/4

For Respondents : Mr.C.P.Gowtham Government Advocate

O R D E R

This sub application is filed seeking to grant leave of this Court to the proposed party/petitioner Mr.K.Balamurugan, Headmaster, Annai Velankanni Middle School to file contempt petition for non -compliance of the order passed in W.P.No.14024 of 2021 dated 31.10.2023.

2. The petitioner in the Sub.Appl.No.50 of 2026 is not the petitioner in the writ petition, though he claims to be the beneficiary of the order.

3. Admittedly, the petitioner in the writ petition did not initiate any action under the Contempt of Courts Act, 1971 for the alleged contempt committed by the respondent. Further, the petitioner who claims to be the ultimate beneficiary of the order of this Court also did not approach this Court along with the petitioner in the writ petition for initiating contempt proceedings against the respondent within the limitation period prescribed under Section 20 of the Contempt of Courts Act, 1971.

4. Having regard to the law laid down by the Hon'ble Apex Court in the case of S.Tirupathi Rao Vs. M.Lingamaiah and others reported in 2024 2/4

SCC Online 1764, which decision has been followed by this Court in Contempt Petition No.2599 and 3033 of 2025, this Court is of the view that the Sub Application filed by the petitioner seeking to grant leave to initiate contempt petition cannot be entertained.

5. Accordingly, this Sub Application is dismissed. Consequently, connected Sub Application is also dismissed.

12.06.2026 dh To

1. Mr.Naresh Director of Elementary Education, College Road, DPI Compound, Chennai - 6.

2. Mr.Sivashankaran, District Educational Officer, Vadalur, Cuddalore - 1.

3/4

T. VINOD KUMAR , J.

dh Sub.Appl.No.50 of 2026 12.06.2026 4/4