Vel Sundari, v. Kakarla Usha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont.P.(MD)No.705 of 2023 in W.P.(MD)No.1453 of 2020 Vel Sundari ... Petitioner Vs.

1.Kakarla Usha, Secretary to the Government, Department of School Education, St.George Fort, Chennai.

2.Nantha Kumar, Director of School Education, DPI Compound, College Road, Chenani.

3.Kabir, Chief Educational Officer, Tirunelveli, Tirunelveli District.

4.Sangeetha Chinna Rani, District Educational Officer, Tenkasi, Tirunelveli District.

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5.Lordwin, Correspondent, Baren Bruck Higher Secondary School, Bungalow Surandai, Tirunelveli.

... Contemnors Prayer: Contempt petition is filed under Section 11 of the Contempt of Courts Act, to initiate contempt proceedings under Section 11 of the Contempt of Courts Act, 1971, against the contemnors / respondents herein for their wilful disobedience to the order passed by this Court in W.P.(MD)No.1453 of 2020 dated 02.07.2021.

For Petitioner : Mr.S.Chellapandian For Respondent : Mr.N.Satheesh Kumar, Addl. Govt. Pleader for R1 to R4.

O R D E R

Heard the learned counsel on either side.

2.The petitioner filed W.P.(MD)No.1453 of 2020 and the same was disposed on 02.07.2021. Contending that the order passed by this Court has not been complied with, the petitioner filed 2/6

Cont.P.(MD)No.916 of 2022. When the matter was taken up on 08.08.2022, it was disposed of in the following terms:- "The learned Additional Government Pleader appearing for respondents 1 to 4 submitted that pursuant to the order of the Writ Court dated 02.07.2021, they have passed orders in the case of the petitioner herein in e.f.vz;. 715/m2/2020, dated 03.11.2021.

2. Accordingly, this Court is of the view that the disobedience alleged in this contempt petition cannot be termed as willful in nature. If at all, the petitioner is aggrieved, liberty is hereby granted to the petitioner to challenge the orders in accordance with law.

3. With the above liberty, this Contempt Petition stands closed."

3.The question of petitioner filing one more contempt petition on the same cause of action does not arise. It is for the petitioner to avail the liberty granted by this Court and challenge the rejection order. 3/6

4.This contempt petition is closed.

18.04.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.Kakarla Usha, Secretary to the Government, Department of School Education, St.George Fort, Chennai.

2.Nantha Kumar, Director of School Education, DPI Compound, College Road, Chenani.

3.Kabir, Chief Educational Officer, Tirunelveli, Tirunelveli District.

4.Sangeetha Chinna Rani, District Educational Officer, Tenkasi, Tirunelveli District.

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G.R.SWAMINATHAN, J.

ias Cont.P.(MD)No.705 of 2023 in W.P.(MD)No.1453 of 2020 18.04.2023 6/6