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Madras High CourtSUB A(MD)/135/2021closed

Sri-La-Sri Kasivasiswaminatha v. S.Usha (Present)

2021-10-27Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Seventh day of October Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice S.S.SUNDAR in Cont.P(MD)Nos.1126 and 1127 of 2019 SRI-LA-SRI KASIVASISWAMINATHA SWAMIGAL ARTS COLLEGE, TIRUPPANANDAL-612 504, THANJAVUR, REP. BY ITS SECRETARY ... PETITIONER/ PETITIONER/ PETITIONER in both the cases Vs 1 S.USHA (PRESENT) T.ARIVUDAI NAMBI (TRANSFERRED), THE JOINT DIRECTOR OF COLLEGIATE EDUCATION, TANJORE REGION, RAJA SARABOJI GOVERNMENT COLLLEGE CAMPUS, TANJORE-613 005.

2 C.POORANCHANDRAN THE DIRECTOR OF COLLEGIATE EDUCATION, E.V.K SAMPATH MALIGAI, COLLEGE ROAD, NUNGAMBAKKAM, CHENNAI.

(2ND RESPONDENT SUO MOTTO IMPLEADED AS PER COURT ORDER DATED 07.12.2020) ... CONTEMNORS/ RESPONDENTS/ RESPONDENTS in both the cases PRAYER IN Sub.A(MD)No.135 of 2021 in Cont.P(MD)No.1126 of 2019: Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Reopen the Cont P.(MD) No.1126 of 2019 by setting aside the order dated 29.03.2021 and punish the respondent for the deliberate and willful disobedience of the order dated 28.02.2019 passed by this Honourable Court in WP(MD)No.20498 of 2016.

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PRAYER IN Sub.A(MD)No.136 of 2021 in Cont.P(MD)No.1127 of 2019: Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Reopen the contempt petition(MD) No.1127 of 2019 by setting aside the order dated 29.03.2021 and punish the respondent for the deliberate and willful disobedience of the order dated 28.02.2019 passed by this Honourable Court in WP(MD)No.20497 of 2016. Prayer in CONT P(MD). 1126/ 2019 :

To punish the respondent for the deliberate and willful disobedence of the order dated 28.2.2019 passed by this Honourable Court in WP(MD). No.20498 of 2016.

Prayer in CONT P(MD). 1127/ 2019 :

To punish the respondent for the deliberate and willful disobedence of the order dated 28.2.2019 passed by this Honourable Court in WP(MD). No.20497 of 2016.

Prayer in WP(MD). 20498/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order bearing Na.Ka.No.1689/Aa3/2016 dated 08.09.2016 passed by the 3rd respondent and quash the same and consequently direct the respondents to approve the appointment of Mr.S.Sivashanmugam as Typist in the petitioner college with effect from his date of appointment with all consequential benefits.

Prayer in WP(MD). 20497/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order bearing Na.Ka.No.2153/Aa3/2016 dated 22.09.2016 passed by the 3rd respondent and quash the same and consequently direct the respondents to approve the appointments of Tmt.S.Mangaiyarkarasi, Dr.S.Natarajan, M.Bhuvaneswari as Assistant Professor in Tamil and Dr.N.Kalaivanai as Assistant Professor in English, Dr.N.Rajesh as Librarian and Mr.S.Ramesh Kannan as Director of Physical Education in the petitioner college with effect from their date of appointment with all consequential benefits.

ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.M.JERIN MATHEW, Advocate for the petitioner in both the petitions and of Mr.M.LINGA DURAI, Government Advocate on behalf of the Respondents in both the petitions, the court made the following order:- These Sub Applications are filed to reopen the contempt petitions in Cont.P(MD)Nos.1126 and 1127 of 2019 by setting aside 2/3

the order dated 29.03.2021 and punish the respondents for the deliberate and wilful disobedience of the order dated 28.02.2019 passed by this Court in W.P(MD)No.20498 of 2016. 2.Today, when the matters are taken up for hearing, the learned counsel appearing for the petitioner states that the order of this Court has been complied with and therefore, nothing survives for adjudication in these cases.

3.In view of the submission made by the learned counsel appearing for the petitioner, the Sub Applications are closed. sd/- 27/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 S.USHA (PRESENT) T.ARIVUDAI NAMBI (TRANSFERRED), THE JOINT DIRECTOR OF COLLEGIATE EDUCATION, TANJORE REGION, RAJA SARABOJI GOVERNMENT COLLLEGE CAMPUS, TANJORE-613 005.

2 C.POORANCHANDRAN THE DIRECTOR OF COLLEGIATE EDUCATION, E.V.K SAMPATH MALIGAI, COLLEGE ROAD, NUNGAMBAKKAM, CHENNAI.

+1 CC to M/s.SPL.GP ( SR-33045[F] dated 28/10/2021 ) ORDER IN in Cont.P(MD)Nos.1126 and 1127 of 2019 Date :27/10/2021 MS/JM/SAR-1/08.11.2021/3P.4C 3/3