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Madras High CourtCONT P(MD)/700/2020closed

The Manager v. V.C.Ramaswara Murugan

2022-03-10Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM in W.P.(MD)No.5863 of 2019 The Manager, High School, Higher Secondary School, Teacher Training Institute and Special School, CSI Thoothukudi Nazareth Diocease Caldwell High Secondary School Campus, Beach Road, Thoothukudi - 628 001 ... Petitioner/Petitioner Vs.

1.V.C.Ramaswara Murugan The Director of School Education, Directorate of School Education, DPI complex College Road, Chennai.

2.A.Gnanagowri The Chief Educational Officer Thoothukudi District, Chena.Vana.Government Higher Secondary School Campus, Thoothukudi.

3.E.Vasantha The District Educational Officer, Thoothukudi Educational District, Pudukkottai, Thoothukudi District.

4.C.Lakshmanasamy The District Educational Officer, Tiruchendur, Thoothukudi District.

5.V.Marappan The District Educational Officer, Kovilpatti, Thoothukudi District.

... Contemnors/Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the 3rd, 4th and 5th respondents for contempt of this Court for disobeying the order in W.P(MD)No.5863 of 1/3

2019, dated 26.04.2019 on the file of this Court. Prayer in WP(MD). 5863/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus direct the respondents to grant approvals to the appointments made by the petitioner or his approved correspondent and managers, without insisting on fresh order declaring the minority status of CSI Thoothukudi Nazareth Diocese . For Petitioner : Mr.V.Lakshmi Narayanan For S.J.Kingsly Solomon For Respondents : Mr.S.P.Maharajan Spl.Govt.Pleader

O R D E R

The Contempt Petition is filed to punish the respondents for their willful disobedience of the interim order passed by this Court in W.P(MD)No.5863 of 2019, dated 26.04.2019. This Court passed an order as follows:- "The learned Sp.Govt.Pleader for the respondents on instructions submitted that the respondents are not objecting to the status of the petitioner as minority institution and she wants to file an affidavit to that effect.

Recording the same, three weeks time is granted for filing such affidavit.

Post after vacation."

2. This Court is of the opinion that the submission of the learned Special Government Pleader that the 'respondents are not objecting to the status of the petitioner as minority institution', is the order against, which the contempt petition is filed. This Court do not find that there is a positive order warranting an action under the Contempt of Courts Act. If at all any discrepancies in the submission of the Special Government Pleader, the same is to be adjudicated in the writ petition. Thus, the contempt petition stands closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) MPK 2/3

To 1.The Director of School Education, Directorate of School Education, DPI complex College Road, Chennai.

2.The Chief Educational Officer Thoothukudi District, Chena.Vana.Government Higher Secondary School Campus, Thoothukudi.

3.The District Educational Officer, Thoothukudi Educational District, Pudukkottai, Thoothukudi District.

4.The District Educational Officer, Tiruchendur, Thoothukudi District.

5.The District Educational Officer, Kovilpatti, Thoothukudi District.

+1 CC to M/s.SPL GP ( SR-11581[F] dated 11/03/2022 ) in W.P.(MD)No.5863 of 2019 10.03.2022 KS(CO) KB(18.03.2022) 3P 7C 3/3