← Library
Madras High CourtCONT P/2629/2018closed

Barani v. Karuppusamy

2019-04-29Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :29.04.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM Cont.P.Nos.2629 & 2630 of 2018 and Sub.Applications(OS).Nos.695 & 696 of 2018

1. R.Barani, Wife of Ragunathan, Secondary Grade Assistant Panchayat Union Elementary School, Ponnanguppam, Gingee Panchayat Union, Villupuram District.

.. Petitioner in Cont.P.No.2629/2018

2. A.Vanitha, W/o. Vadivel, Head Mistress, Panchayat Union Elementary School, Ponnanguppam, Gingee Panchayat Union, Villupuram District.

.. Petitioner in Cont.P.No.2630/2018 ..Vs..

1. Mr.Karuppusamy Director of Elementary Education, DPI Campus, College Road, Chennai - 600006.

2. Mr.Munusamy Chief Educational Officer, Villupuram, Villupuram District.

3. Ms. Rose Nirmala District Educational Officer, Gingee, Villupuram District.

4. Mr.N.Govindarajan Block Educational Officer, Gingee Block, Villupuram District.

.. Respondents in both Contempts

Common Prayer: Contempt Petitions filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents herein for their willful disobedience of the orders of this Hon'ble Court dated 20.11.2018 passed in W.M.P.No.35627 of 2018 in W.P.No.30542 of 2018 and W.M.P.No.35615 of 2018 in W.P.No.30532 of 2018 respectively. For Petitioners : Ms.Dakshayani Reddy (in both Contempts) For Respondents : Mrs.P.Kavitha (in both Contempts)

O R D E R

The Contempt Petitions are filed to punish the respondents for their willful disobedience of the orders of this Court dated 20.11.2018 passed in W.M.P.Nos.35627 & 35615 of 2018 in W.P.Nos.30542 & 30532 of 2018. 2.The learned counsel for the Contempt petitioners forcibly contended that the respondents have fabricated the original documents which were relied upon in the present contempt petitions. Thus, the contempt petitions are to be kept pending in spite of the fact that this Court passed an order vacating the interim order of status quo granted by this Court earlier.

3.The learned counsel for the contempt petitioners made a submission that the contempt petitions need not be heard at this point of time and the same are to be kept

pending.

4. This Court is of the considered opinion that once the interim order of status quo was vacated and the contempt petition was filed for the disobedience of the interim order of status quo, there is no relevance in keeping the contempt petitions pending for an unspecified period.

5. The contempt petitions filed need not be kept pending unnecessarily for an unspecified period. Keeping the contempt petitions pending for a longer period undoubtedly is a concern of the respondents, who are the contemnors. Thus, once the contempt is not made out, the Courts cannot keep the petitions pending unnecessarily like other litigations.

6. This apart, no purpose would be served by keeping the contempt petitions pending after the disposal of the miscellaneous petitions which provided cause for contempt petition.

7. As far as disobedience of the orders of this Court is concerned, the interim order of status quo granted by this Court on 20.11.2018 was vacated. Therefore, the contempt petitions are also to be closed.

8.The learned Government advocate referred the order dated 15.11.2018, where in the contempt petitioner was relieved from Athiyur Aided primary school. The order dated 15.11.2018 states that the contempt petitioner was relieved on 15.11.2018 and admittedly interim order of status quo was granted by this Court on 20.11.2018 and therefore, not permitting the contempt petitioner to join in Athiyur, would not amount to disobedience of orders of this Court. Accordingly, both contempt petitions stand closed. No costs. Consequently, connected sub-applications are closed. It is for the parties to adjudicate other issues in the main writ petition.

SD/- ASSISTANT REGISTRAR(COMM.CASES) pns //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.

Sm/03/06/2019 To

1. The Director of Elementary Education, DPI Campus, College Road, Chennai - 600006.

2. The Chief Educational Officer, Villupuram, Villupuram District.

3. The District Educational Officer, Gingee, Villupuram District.

4. The Block Educational Officer, Gingee Block, Villupuram District.