R.Subbiah v. M.Sadasivam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR CONT.P.(MD)No.907 of 2020 R.Subbiah

...Petitioner

-Vs.- M.Sadasivam Secretary, S.S.Muthu Chettiar Memorial High School, Unjampatti, Pandapuli Post, Rajapalayam Taluk, Virudhunagar District.

...Respondent

PRAYER:- Contempt Petition filed under Section 11 of Contempt of Court Act, to initiate action against the respondent herein and punish the respondent herein for violating the order in W.A.(MD)No.1065 of 2019 dated 24.10.2019.

For Petitioner : Mr.S.Venkatesh For Respondents : Ms.C.K.Latha for Mr.K.K.Kannan ***** 1/4

ORDER

(Order of the Court was delivered by DR.ANITA SUMANTH , J.) This Contempt Petition arises from an order passed by Writ Court on 21.02.2019 in W.P.(MD)No.17433 of 2016, which order has come to be confirmed on 24.10.2019.

2.Notice was issued to the respondent as early as on 02.11.2020. It is unclear as to whether the matter has been posted in the interim and as to whether anyone had entered appearance for the respondent. Be that as it may, when the matter was called on 16.06.2023, that does not appear to have any appearance on behalf of the respondent. Hence, statutory notice was issued.

3.Today, the contemnor is present in Court in compliance of order of this Court dated 16.06.2023. Ms.C.K.Latha, learned Counsel appearing for the respondent states that a Review Application had been filed in respect of order dated 24.10.2019 in Rev.Aplc.W.(MD)No.258 of 2019 and by order dated 27.07.2021, the order passed on 24.10.2019 has been recalled and the matter directed to be listed before this Court for 2/4

hearing afresh.

4.The above order has attained finality. Learned Counsel for the Contempt Petitioner states that he is wholly unaware of this order. In light of the aforesaid position, nothing survives in this Contempt Petition and the same is closed. No costs.

5.List W.A(MD)No.1065 of 2019 on 01.08.2023.

[A.S.M.J.,] & [R.V.J.,] 14.07.2023 NCC :Yes/No Index :Yes/No Internet :Yes cmr 3/4

DR.ANITA SUMANTH, J.

AND R.VIJAYAKUMAR, J.

cmr CONT.P.(MD)No.907 of 2020 Dated:

14.07.2023 4/4