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Madras High CourtCMP(MD)/597/2019ordered

The Secretary To State Of v. The Secretary,

2019-02-22Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Twenty Second day of February Two Thousand Nineteen The Hon`ble Mr.Justice M.M.SUNDRESH AND The Hon`ble Mr.Justice N.SATHISH KUMAR CMP(MD). No.597 of 2019 IN WA(MD)NO.100 OF 2013 1 THE SECRETARY TO STATE OF TAMIL NADU, DEPARTMENT OF SCHOOL EDUCATION, FORT ST. GEORGE CHENNAI-600 009.

2. The Director of School Education, College Road, Chennai. 600 006

3. The Chief Education Officer, Tuticorin, Tuticorin District.

4. The District Educational Officer, Tuticorin, Tuticorin District.

... Petitioners/Respondents Vs 1 THE SECRETARY, KARAPETTAI NADAR GIRLS HIGHER SECONDARY SCHOOL, TUTICORIN, TUTICORIN DISTRICT.

... Respondent/Appellant Prayer :- To clarify the order dated 19.07.2017 passed in WA(MD) No.100 of 2013 and thus render justice.

WA(MD)NO.100 OF 2013: Writ Appeal filed Under Clause 15 of letter patten against the order passed by thid court in W.A.(MD) No.9285 of 2009.

Prayer in WP(MD). 9285/ 2009 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the 2nd respondent director of School Education in Na.Ka.no. 48309/D2/E1/08 dated 29/06/2009 quash the same and further direct the respondents herein to include the English medium sections of the petitioner school for the purpose assessing the staff-requirement and disbursing the of grant-in-aid. ORDER:- This Revision/Appeal Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru./Ms. SRIMATHY, Advocate for the Petitioner and of Thiru./Ms. ISSAC MOHANLAL SENIOR COUNSEL, for the respondent(s), this Court made the following order:

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Seeking clarification of the order passed on 19.07.2017 in W.A.(MD)No.100 of 2013, the present petition has been filed.

2. Our order is very clear and therefore, no clarification is required. The question as to whether the order passed is complied with or not is the matter to be heard by the appropriate Bench before whom the contempt petition is pending. We only reiterated the settled position that a contempt would arise only when there is a wilful disobedience and not on a wrong understanding, even assuming it is so.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) TO 1 THE SECRETARY TO STATE OF TAMIL NADU, DEPARTMENT OF SCHOOL EDUCATION, FORT ST. GEORGE CHENNAI-600 009.

2. The Director of School Education, College Road, Chennai. 600 006

3. The Chief Educational Officer, Tuticorin, Tuticorin District.

4. The District Educational Officer, Tuticorin, Tuticorin District.

5. The Special Govt. Pleader, Madurai Bench of Madras High Court, Madurai(SR.49508) ORDER DATED : 22/02/2019 ==========================

ORDER

========================== CMP(MD). No.597 of 2019 in WA (MD) nO.100 OF 2003 Giving direction and etc.

as stated within.

TR (19.03.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/