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Madras High CourtCONT P(MD)/1157/2020closed

K.Karpagam v. R.Nirmala

2022-03-03Honourable Mr Justice S.M. Subramaniam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Cont.P.(MD) Nos.1157, 1158 & 1159 of 2020 in W.P.(MD) No.14823, 14824 & 14825 of 2020 and Sub Application (MD) Nos.164 & 174 of 2021 K.Karpagam ... Petitioner in Cont.P.(MD) No.1157/2020 E.Prabakaran ... Petitioner in Cont.P.(MD) No.1158/2020 N.Ahaz Reegan ... Petitioner in Cont.P.(MD) No.1159/2020 -vs1.Mrs.R.Nirmala, Chairman, Muthukaruppan Memorial Hr. Sec. School, Subbammalpuram, Sillakulam (post), Ottapidaram (Taluk), Thoothukudi District.

2.Mrs.K.Saroja, The Correspondent, Muthukaruppan Memorial Hr. Sec. School, Subbammalpuram, Sillakulam (post), Ottapidaram (Taluk), Thoothukudi District.... Respondents in all Contempt Petitions Prayer in Cont.P.(MD) No.1157 of 2020:- Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents for their deliberate and willful disobedience of the order dated 28.10.2020 passed by this Court in W.M.P.(MD) No.12478 of 2020 in W.P.(MD) No.14823 of 2020. Prayer in WMP(MD). 12478/ 2020 :

To grant an Ad-Interim Stay of operation of the impugned suspension order passed by the 4th and 6th respondent in his dated 07.10.2020 pending disposal of the above writ petition. 1/4

Prayer in WP(MD). 14823/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court S-2 To issue a writ of Certiorari calling for the records relating to the impugned suspension order passed by the 4th and 6th respondent in his dated 07.10.2020 and quash the same as illegal. Prayer in Cont.P.(MD) No.1158 of 2020:- Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents for their deliberate and willful disobedience of the order dated 28.10.2020 passed by this Court in W.M.P.(MD) No.12480 of 2020 in W.P.(MD) No.14824 of 2020. Prayer in WMP(MD). 12480/ 2020 :

To grant an Ad-Interim Stay of operation of the impugned suspension order passed by the 4th and 6th respondent in his dated 07.10.2020 pending disposal of the above writ petition. Prayer in WP(MD). 14824/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court S-2 To issue a writ of Certiorari calling for the records relating to the impugned suspension order passed by the 4th and 6th respondent in his dated 07.10.2020 and quash the same as illegal. Prayer in Cont.P.(MD) No.1159 of 2020:- Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents for their deliberate and willful disobedience of the order dated 28.10.2020 passed by this Court in W.M.P.(MD) No.12482 of 2020 in W.P.(MD) No.14825 of 2020. Prayer in WMP(MD). 12482/ 2020 :

To grant an Ad-Interim Stay of operation of the impugned suspension order passed by the 4th and 6th respondent in his dated 07.10.2020 pending disposal of the above writ petition. Prayer in WP(MD). 14825/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court S-2 To issue a writ of Certiorari calling for the records relating to the impugned suspension order passed by the 4th and 6th respondent in his 2/4

dated 07.10.2020 and quash the same as illegal. For Petitioner :

Mr.C.Venkatesh Kumar for M/S.Ajmal Associates For Respondents :

Mr.G.V.Vairam Santhosh, Additional Government Pleader.

****** COMMON ORDER Though an order of interim stay was granted by this Court in respect of the order of suspension, the learned Additional Government Pleader appearing for the respondents made a submission that writ petitioners have not approached the Management for rejoining the duty by submitting appropriate application. They have not turned out to school in person enabling the Management to allow them to continue in service.

2.In this view of the matter, this Court is of the opinion that the writ petitions are to be heard.

3.Accordingly, the Contempt Petitions are closed and the writ petitions in W.P.(MD) Nos.14823, 14824 and 14825 of 2020 are directed to be listed for final hearing in next week. Consequently, Sub Application (MD) Nos.164 and 174 of 2021 are closed. Sd/- Assistant Registrar(AE) // True Copy // / /2022 Sub Assistant Registrar(CS) abr To 1.The Chairman, Muthukaruppan Memorial Hr. Sec. School, Subbammalpuram, Sillakulam (post), Ottapidaram (Taluk), Thoothukudi District.

2.The The Correspondent, Muthukaruppan Memorial Hr. Sec. School, Subbammalpuram, Sillakulam (post), Ottapidaram (Taluk), Thoothukudi District.

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Copy to The Section Officer,Writs Section, Madurai Bench of Madras High Court, Madurai.

+3 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-9963[F] dated 04/03/2022 ) +1 CC to Mr. Special Government Pleader, SR.No. 10157 Cont.P.(MD) Nos.1157, 1158 & 1159 of 2020 in W.P.(MD) No.14823, 14824 & 14825 of 2020 03.03.2022 kg(CO) TR(23.03.2022) 4P 8C 4/4