S. Ganesan, v. Kakarla Usha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND in W.P(MD) No.1660 of 2019 S. Ganesan ...Petitioner Vs.

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

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

3.V. Thirupathi The Chief Educational Officer, Tuticorin, Tuticorin District.

4.D.K. Sekar, The Accountant General, O/o. The Accountant General (A&E), Teynampet, Chennai - 600 018.

....Respondents Prayer: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for the willful disobedience and non-compliance of the order passed in W.P.(MD) 2/7

No.1660 of 2019 dated 27.11.2019 for committing the act of Contempt of Court.

For Petitioner : Mr. R. Saravanan For Respondents : Mr.R. Baskaran Senior Counsel assisted by Mr. V. Nirmal Kumar - for R1 to R3 Mr. P. Gunasekaran - for R4

O R D E R

This Contempt Petition has been filed complaining the willful disobedience in implementing the order dated 27.11.2019 passed in W.P(MD)No.1660 of 2019 in true letter and spirit.

2. On behalf of the respondents, Counter-affidavits have been filed.

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3. This Court by order, dated 15.09.2023, closed the Contempt Petition against the fourth respondent.

4. During the course of hearing today, the learned Senior Counsel appearing for the respondents 1 to 3 submitted that the order of the Court is complied with by 12.07.2023.

5. Admittedly there is a delay in implementing the order of the Court. The learned Senior Counsel basing on the averments in the affidavits filed by the respondents submit that the respondents are tendering their apology for the delay caused in implementing the order and they will be more careful in future in implementing the orders of the Court in true letter and spirit.

6. In view of the above factual position, as the order of the Court is fully complied with on 12.07.2023, though there is a delay 4/7

in complying the order in true letter and spirit and considering the facts and circumstances of the case, this Court intends to take some lenient view towards the respondents.

7. In view of the fact that the order of the Court is complied with, this Contempt Petition is closed. 20.11.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 5/7

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

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

3.V. Thirupathi, The Chief Educational Officer, Tuticorin, Tuticorin District.

4.D.K. Sekar, The Accountant General, O/o. The Accountant General (A&E), Teynampet, Chennai - 600 018.

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BATTU DEVANAND, J.

RM (2/) 20.11.2023 7/7