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Madras High CourtCRL OP(MD)/135/2019granted

Soorya@Sooryanarayanan v. The Sub Inspector Of Police

2019-01-07Honourable Mr Justice M. Nirmal Kumar2 pages

SUB A(MD). No.135 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Contempt Jurisdiction) Friday, the Twelth day of July Two Thousand and Nineteen PRESENT The Hon'ble Mr.Justice K.RAVICHANDRABAABU AND The Hon'ble Mr Justice SENTHILKUMAR RAMAMOORTHY SUB A(MD). No.135 of 2019 in CONT P(MD).SR.No.24750 of 2019 in WA(MD).No.551 of 2019 in WP(MD).No.1371 of 2019 P.Flora Mary, W/o.L.Arul, D.No.2/268, West Steeet, Micheal Palayam Village, Nilakkottai Taluk, Dindigul District.

...Petitioner/Petitioner

Vs Mr.R.Baskara Sethupathy, Joint Director of Elementary Education (Aided) Chennai-6.

...Respondent/Contemnor/3rd Respondent/3rd Respondent

Prayer in SUB A(MD). No.135 of 2019 :- Sub Application is filed under section 151 of Civil Procedure Code, praying this Hon'ble Code to grant leave to the petitioner to file the above Contempt Petition on the file of this Honourable Court.

Prayer in CONT P(MD).SR.No.24750 of 2019 :

Contempt Petition is filed under section 11 of Contempt of Court's Act, 1971 praying this Hon'ble Court to punish the Contemnor/3rd Respondent for his deliberate and wilful disobedience of the order dated 13.06.2019 made in W.A.(MD).No.551 of 2019. Prayer in WA(MD).No.551 of 2019 :

Writ Appeal is filed under clause 15 of Letter Patent Act, against the order dated 15.03.2019 made in Writ Petition Nos.(MD) 1371 of 2018.

Prayer in WP(MD).No.1371 of 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the order in e.f.vz;.No.3686/2017/M1 dated 05.01.2018 passed by the fourth respondent and the quash the same and direct the respondents to approve the appointment of Smt.Flora Mary as https://hcservices.ecourts.gov.in/hcservices/ 1/2

SUB A(MD). No.135 of 2019 Headmistress of the petitioner school from the date of appointment ie., 19.05.2010 with all consequential benefits. ORDER:- Sub Application is coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. P.Krishnasamy, Advocate for the Petitioner and of M/s.Srimathy, Special Government Pleader on behalf of the respondent, this Court made the following order: (Order of the Court was made by K.RAVICHANDRABAABU,J) The Petitioner seeks leave to file the present Contempt Petition by contending that though she is not a party in the order passed in the W.A(MD)No.551 of 2019, dated 13.6.2019, in effect, the said order was passed directing the appointment of the Petitioner herein, as Headmistress, which the respondent is yet to comply with. Therefore, he seeks permission.

2.Considering the order passed by this Court, We find that the Petitioner is certainly an aggrieved person, if the said order is complied with. Hence this Miscellaneous Petition is allowed. Sd/- Assistant Registrar (co) // True Copy // / /2020 Sub Assistant Registrar(CS) +1cc to Mr. P.Krishnasamy, Advocate SR No.1254 SUB A(MD). No.135 of 2019 in CONT P(MD).SR.No.24750 of 2019 in WA(MD).No.551 of 2019 in WP(MD).No.1371 of 2019 12.07.2019 KM/(13.02.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2