Madras High CourtCONT P(MD)/437/2022closed

S.David Leo v. A.Rajaraman

2022-03-10Honourable Mr Justice B.Pugalendhi2 pages

Cont.P.(MD)No.437 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Cont.P.(MD)No.437 of 2022 S.David Leo ... Petitioner/Petitioner/ Petitioner versus

1. Mr.A.Rajaraman The District Educational Officer, O/o. the District Educational Officer, Aranthangi, Pudukkottai District.

2. Mr.Karunakaran, The Block Educational Officer, Thiruvarankulam Block, Pudukkottai District.

... Contemnors/Respondents 4to5/ Respondents 4 & 5 Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to initiate contempt proceedings against the contemnors/respondent Nos.4 and 5 and punish them for the willful disobedience of the order of teh Hon'ble High Court in WP(MD). No.2019 of 2022 and W.M.P.(MD).No.1737 of 2022 dated 02.02.2022, and then render justice.

Prayer in WP(MD). 2019/ 2022 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records pertaining to the Impugned Order in Na.Ka.No.342/A3/2022 dated 25.01.2022 on the file of the Respondent No.4 and the consequential Impugned Order in Na.Ka.No.53/A2/2022 dated 25.01.2022 on the file of the Respondent No.5 and quash the same as illegal.

Prayer in WMP(MD). 1737/ 2022 :

To pass an order of interim stay of operation of the Impugned Order in Na.Ka.No.342/A3/2022 dated 25.01.2022 on the file of the Respondent No.4 and the consequential Impugned Order in Na.Ka.No.53/A2/2022 dated 25.01.2022 on the file of the Respondent No.5 pending disposal of the Writ Petition.

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Cont.P.(MD)No.437 of 2022 For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader

ORDER

This Contempt Petition has been filed that the interim order passed by this Court in W.P.(MD)No.2019 of 2022 and W.M.P.(MD) No.1737 of 2022, dated 02.02.2022, has not been complied with.

2. The learned Additional Government Pleader appearing for the respondents submitted that the respondents have filed a vacate stay petition in W.M.P.(MD)No.2793 of 2022 and the vacate stay petition is posted tomorrow for orders. He further submits that at the time of hearing the vacate stay petition, the learned counsel for the petitioner has also given an undertaking that he will not pursue the contempt petition till the writ petition is decided. He has also produced a copy of the order dated 04.03.2022 to that effect.

3. In view of the undertaking given by the learned counsel for the petitioner, the Contempt Petition is closed with liberty to the petitioner to reopen the petition if need arises. Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) ogy To

1. The District Educational Officer, O/o. the District Educational Officer, Aranthangi,Pudukkottai District.

2. The Block Educational Officer, Thiruvarankulam Block, Pudukkottai District.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-11423[F] dated 11/03/2022 ) +1 CC to M/s.SPL GP ( SR-11560[F] dated 11/03/2022 ) Cont.P.(MD)No.437 of 2022 10.03.2022 RK(18/04/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2