Madras High CourtCONT P(MD)/733/2023closed

K.Balamurugan, v. Kakarla Usha

2023-07-19Honourable Mr. Justice Battu Devanand6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND Cont.P.(MD)No.733 of 2023 in W.P.(MD)No.16456 of 2018 K.Balamurugan ... Petitioner / Petitioner Vs.

1.Mrs.Kakarla Usha, The State of Tamilnadu Rep by its Principal Secretary, School Education Department, Fort st.George, Chennai - 09.

2.Mr.K.Nandhakumar The Director of School Education, DPI Complex, College Road, Chennai - 06.

3.Mr.Jeyakumar, The Joint Director of School Education (Vocational), O/o. The Director of School Education, DPI Complex, College Road, Chennai - 600 006.

4.Mr.Senthilvelmurugan The Chief Educational Office, O/o Chief Educational Officer, Theni District, Theni 5.Mr.D.K.Sekar, The Accountant General, O/o the Accountant General (A & E), Teynampet, Chennai - 600 018 ... Contemnors /Respondents

PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnors/respondents for their willful, deliberate disobedience of the order of this Court made in W.P.(MD)No.16456 of 2018, dated 26.07.2018.

For Petitioner : Mr. R.Saravanan For Respondents : Mr.R.Baskaran Senior Counsel Assisted by Mr.V.Nirmal Kumar

O R D E R

This Contempt Petition has been filed complaining willful disobedience of the order dated 26.07.2018 passed in W.P(MD)No. 16456 of 2018.

2. The 1st respondent has filed a counter affidait. In the said counter affidavit, it is averred that after receipt of the order of this Court, particulars in respect of the Writ Petitions are called for from the respective schools through concerned Chief Educational Officer and after examining the same, in consultation with the advisory departments of Secretriat, the Government issued G.O.Ms.No.127, School Education (S.E..7(1)) Department, dated 12.07.2023 extending the benefit of the

orders issued in G.O.Ms.No.194, School Education Department dated 12.09.2018, in which, the petitioner herein also covered by the said G.O.Ms.No.127 School Education (S.E.7(1)) Department dated 12.07.2023.

3. Mr.Baskaran, learned Senior Counsel, assisted by Mr.V.Nirmal Kumar, learned counsel appearing on behalf of the respondents contends that by issuing G.O.Ms.No.127 School Education (S.E.7(1)) Department dated 12.07.2023, the respondents have complied the order of this Court, but, in view of the reasons stated in the affidavit the delay occurred in implementing the orders. The learned Senior Counsel has drawn the attention of this Court to the averments at paragraph No.2 of the affidavit, wherein, the respondents tendered their unconditional apology for the delay in implementing the orders. The learned Senior Counsel would further submit that due to the pendency of the Writ Appeal and Review Petition, the delay has occurred.

4. The learned counsel for the petitioner submits that though there is some delay, as of now the order of this Court is implemented by

issuing G.O.Ms.No.127 School Education (S.E.7(1)) Department dated 12.07.2023.

5. Having regard to the facts and circumstances of the case and on a careful consideration of the submissions of respective counsels and materials available on record, it appears that the respondents implemented the order of this Court by issuing G.O.Ms.No.127 School Education (S.E.7(1)) Department dated 12.07.2023, but admittedly, there is some delay in complying the order.

6. However, considering the submissions of the learned Senior Counsel and the reasons stated in the affidavit for the delay occurred, this Court is of the opinion that the unconditional apology tendered by the respondents is bonafide and it is to be accepted.

7. Accordingly, accepting the unconditional apology tendered by the respondents for the delay, this Contempt Petition is closed. 19.07.2023 Index : Yes/No Internet : Yes/No CM

To, 1.Mrs.Kakarla Usha, The State of Tamilnadu Rep by its Principal Secretary, School Education Department, Fort st.George, Chennai - 09.

2.Mr.K.Nandhakumar The Director of School Education, DPI Complex, College Road, Chennai - 06.

3.Mr.Jeyakumar, The Joint Director of School Education (Vocational), O/o. The Director of School Education, DPI Complex, College Road, Chennai - 600 006.

BATTU DEVANAND, J., CM Cont.P.(MD)No.733 of 2023 in W.P.(MD)No.16456 of 2018 19.07.2023