Nadar Mahajana Sangam v. Prof.Rajendra B.Kakde

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.11.2022

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN in W.P.(MD).No.6587 of 2018 Nadar Mahajana Sangam represented by Karikolraj, General Secretary, No.2, South Chithirai Street, Madurai 625001.

... Petitioner vs.

1.Prof.Rajendra B.Kakde, All India Council for Technical Education, represented by Advisor I, Approval Bureau, JNU Campus I, Nelson Mandela Marg, Vasant Kunj, New Deldhi 110 067.

2.Mr.Sundaresan, The Regional officer, Southern Regional Office, All India Council for Technical Education "Shastri Bhavan", No.26, Haddows Road, Nungambakkam, Chennai 600 006.

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3. K.Vivekanandan, IAS., The Commissioner, Directorate of Technical Education, Guindy, Chennai.

... Respondents PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, to punish the contemnors/respondents for their wilful disobedience in W.P.(MD).No.6587 of 2018, dated 03.08.2020. For Petitioner : Mr.S.C.herold Singh For R1 & R2 : Mr.N.Dilip Kumar For R3 : Mr.V.OM.Prakash Government Advocate

O R D E R

The Contempt Petition has been filed to punish the contemnors/respondents for their wilful disobedience of the order of this Court in W.P.(MD).No.6587 of 2018, dated 03.08.2020.

2. This Court, by order dated 03.08.2020 in W.P.(MD).No.6587 of 2018, directed the respondents to consider the petitioner's representation dated 24.01.2018 and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, an 2/5

order has been passed by the All India Council for Technical Education, New Delhi, wherein, it has been stated that the Standing Hearing Committee (SHC) held on 10.11.2020, in its recommendation had clearly mentioned that in this situation in the interest of justice the Nadar Maharjan Sangam should be directed to get the fresh instructions from the Hon'ble High Court after impleading the charity trust in its petition as the fourth respondent because it is the charity trust which is the real contesting respondent. The recommendations of SHC were conveyed to you as well as M.S.P.Velayutha Nadar Charitable Trust vide this office letters dated 20.11.2020. In view of the above, it will not be possible to this office to consider your request for placing the matter before the SAC till a final verdict is delivered by the Hon'ble Court for change in the ownership of the Institute. Therefore, you are advised to get fresh instruction from the Court in the matter so that further action be taken by this office on the matter accordingly.

3. In view of the above, it is clear that the first respondent has already passed an order, directing the petitioner/Nadar Mahajana Sangam to get fresh instruction/order from this Court, after impleading the Charitable Trust as fourth respondent in its petition. That being the case, 3/5

the petitioner has come before this Court by filing this contempt petition. This Court finds that there is no wilful disobedience on the part of the respondents. Hence, this Contempt Petition is closed. It is left open to the petitioner to approach this Court by producing all the relevant documents for reconsideration, if so advised.

24.11.2022 akv To 1.Prof.Rajendra B.Kakde, All India Council for Technical Education, represented by Advisor I, Approval Bureau, JNU Campus I, Nelson Mandela Marg, Vasant Kunj, New Deldhi 110 067.

2.Mr.Sundaresan, The Regional officer, Southern Regional Office, All India Council for Technical Education "Shastri Bhavan", No.26, Haddows Road, Nungambakkam, Chennai 600 006.

3. K.Vivekanandan, IAS., The Commissioner, Directorate of Technical Education, Guindy, Chennai.

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V.BHAVANI SUBBAROYAN ,J.

akv in W.P.(MD).No.6587 of 2018 24.11.2022 5/5