P.Alamelu Ammal v. Mrs.T.Sabitha
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Ninth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice K.RAVICHANDRABAABU SUB A(MD) Nos.38 to 40 of 2018 IN Cont.P(MD)Nos.1021 to 1023 of 2015 IN W.P(MD)Nos.16119 to 16121 of 2013 P.ALAMELU AMMAL ... PETITIONER/PETITIOENR/PETITIONER IN SUB A(MD)No.38/2018 K.GUNASEKARAN ... PETITIONER/PETITIOENR/PETITIONER IN SUB A(MD)No.39/2018 M.GANESAN ... PETITIONER/PETITIOENR/PETITIONER IN SUB A(MD)No.40/2018 Vs T.SABITHA SECRETARY, EDUCATION DEPARTMENT, GOVERNMENT OF TAMIL NADU, FORT ST.GEORGE, CHENNAI-600 009. ... CONTEMNOR/CONTEMNOR/RESPONDENT IN ALL SUB APPLICATIONS Common Prayer in SUB A(MD) Nos.38 to 40 of 2018: Petitions praying that in the circumstances stated therein and in the affidavits filed therewith the High Court will be pleased to Re-open the Contempt Petitions in Contempt Petition (MD).Nos.1021, 1022, 1023/2015 respectively for issuing Statutory Notice the Contemnor/Respondent and pass such further or other orders as this Hon'ble Court.
Common Prayer in CONT P(MD)Nos.1021 to 1023 of 2015 : To issue notice to the Respondent herein and punish him for contempt of court for the wilful disobedience of this Hon'ble High court order in W.P.(MD)Nos.16119, 16120 & 16121 of 2013 dated 05.02.2015 respectively and thus render justice. Common Prayer in WP(MD)Nos.16119 to 16121 of 2013 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF
CERTIORARIFIED MANDAMUS or any other appropriate Writ, order or Direction calling for the records pertaining to the impugned proceedings in G.O.MS.No.179 dt.6.9.2013 conducted by the 1st respondent and quash the same as illegal, arbitrary and consequently direct the 2nd respondent to take action on the proceedings in Na.Ka.No.13368/T4/2011, DT.06.05.2013 as per the Padivam-2 attached. ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.V.MUNIASAMY, Advocate for the petitioner in all Sub Applications and of Mr.V.R.
SHANMUGANATHAN, Special Government Pleader on behalf of the Respondent in all Sub Applications the court made the following order:- These sub applications are filed to re-open the respective contempt petition, which were closed on 11.01.2017 by granting liberty to the petitioners to revive the same, if they succeed before the Division Bench where the writ appeals were filed challenging the order made in the writ petitions. 2.It is stated that the very writ appeals were dismissed on 11.08.2017 and therefore, the petitioners must be permitted to review the contempt, as the same was closed only due to the pendency of the writ appeals.
3.In these applications, the learned Special Government Pleader took notice for the contemnor on 12.03.2018. Accordingly, the matter is listed today again for further hearing. The learned Special Government Pleader seeks further time to get instructions. This Court is not inclined to grant such time since these applications are filed only to re-open the contempt. Needless to the say that it is open to the respondent/contemnor to agitate the matter in the main contempt petition.
4.Accordingly, these sub-applications are allowed and the respective contempt petition is re-opened.
5.Post the contempt petitions for further hearing on 06.06.2018.
sd/- 09/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO T.SABITHA, SECRETARY, EDUCATION DEPARTMENT, GOVERNMENT OF TAMIL NADU, FORT ST.GEORGE, CHENNAI-600 009.
+ 3 CC to M/S.V.MUNIASAMY, Advocate in SR.No. 60406 ORDER IN SUB A(MD) Nos.38 to 40/2018 IN Cont.P(MD)Nos.1021 to 1023 of 2015 IN W.P(MD)Nos.16119 to 16121 of 2013 Date :09/04/2018 SKN TE/RR/GSR/ : 17/04/2018 : 3P/5C