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Madras High CourtCONT P(MD)/1392/2021closed

B.Manimuthu v. Swaminathan

2022-03-09Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM in W.M.P(MD)Nos.10349, 10352, 10353, 10355, 10357 and 10359 of 2021 in W.P.(MD)Nos.13393 to 13398 of 2021 B.Manimuthu

...Petitioner in CONT P(MD)No.1392 of 2021

V.Chella Pandian

...Petitioner in CONT P(MD)No.1393 of 2021

K.Kavitha ... Petitioner in CONT P(MD)No.1394 of 2021 P.Manoharan ... Petitioner in CONT P(MD)No.1395 of 2021 A.Chandra ... Petitioner in CONT P(MD)No.1396 of 2021 J.Karmega Kannan ... Petitioner in CONT P(MD)No.1397 of 2021 Vs.

1.Mr.Swaminathan The Chief Educational Officer, O/o.The Chief Educational Office, Thallakulam, Madurai, Madurai District.

2.Muthaiah The District Educational Officer, O/o.The District Educational Officer, Near Govt.Higher Secondary School, Usilampatti, Madurai District. ... Contemnors/Respondents 4 & 5/ Respondents 4 & 5 (in all Cases) Prayer in CONT P(MD)No.1392 of 2021 :- Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the contemnors for the deliberate and willful disobedience of the order dated 04.08.2021 passed by this Court in W.M.P(MD)No.10349 of 2021 in W.P(MD)No.13393 of 2021.

Prayer in CONT P(MD)No.1393 of 2021 :- Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the contemnors for the deliberate and willful disobedience of the order dated 04.08.2021 passed by this Honourable court in WMP(MD)No.10352 of 2021 in WP(MD) No.13394 of 2021.

Prayer in CONT P(MD)No.1394 of 2021 :- Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the contemnors for the deliberate and willful disobedience of the order 1/3

dated 04.08.2021 passed by this Honourable court in WMP(MD)No.10353 of 2021 in WP(MD) No.13395 of 2021.

Prayer in CONT P(MD)No.1395 of 2021 : - Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the contemnors for the deliberate and willful disobedience of the order dated 04.08.2021 passed by this Honourable court in WMP(MD)No.10355 of 2021 in WP(MD)No.13396 of 2021.

Prayer in CONT P(MD)No.1396 of 2021 :- Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the contemnors for the deliberate and willful disobedience of the order dated 04.08.2021 passed by this Honourable court in WMP(MD)No. 10359 of 2021 in WP(MD) No. 13398 of 2021.

Prayer in CONT P(MD)No.1397 of 2021 :- Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the contemnors for the deliberate and willful disobedience of the order dated 04.08.2021 passed by this Honourable court in WMP(MD)No. 10357 of 2021 in WP(MD) No. 13397 of 2021.

Prayer in WMP(MD)Nos.10349, 10352, 10353, 10355, 10357 and 10359 of 2021 :- To grant an AD-INTERIM STAY of operation of the impugned order issued by the 3rd respondent in his proceedings Na.Ka.No.94799/W5/E2/2013 dated 07.05.2021 pending disposal of the above Writ Petition and thus render justice.

Prayer in WP(MD)Nos.13393 to 13398 2021 :- Writ Petitions are filed under Article 226 of the Constitution of India,to issue a Writ of Certiorari or any other appropriate writ or order or direction in the nature of writ calling for the records relating to the impugned order issued by the 3rd respondent in his proceedings Na.Ka.No.94799/W5/E2/2013 dated 07.05.2021.

For Petitioners : Mr.C.Venkatesh Kumar (in all Cont Petitions) for M/s.Ajmal Associates For Respondents : Mr.G.V.Vairam Santhosh (in all Petitions) Additional Government Pleader COMMON ORDER The interim orders of status-quo granted by this Court are the source for initiation of contempt proceedings to punish the respondents.

2/3

2. This Court is of the considered opinion that the orders of status-quo is always interpreted either way by the litigants, more specifically, in the writ petitions. Under these circumstances, keeping the Contempt Petitions may not be required, as the same would serve no purpose for the cause of justice. Contrarily, the rights of the parties to be crystallized based on the writ petitions filed. Accordingly, the contempt petitions are closed. Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) MPK To 1.Mr.Swaminathan The Chief Educational Officer, O/o.The Chief Educational Office, Thallakulam Madurai, Madurai District.

2.Muthaiah The District Educational Officer, O/o.The District Educational Officer, Near Govt.Higher Secondary School, Usilampatti, Madurai District.

+1 CC to M/s.SPL GP ( SR-11616[F] dated 11/03/2022 ) in W.M.P(MD)Nos.10349, 10352, 10353, 10355, 10357and 10359 of 2021 in W.P.(MD)Nos.13393 to 13397 of 2021 09.03.2022 ks(CO) TR(18.04.2022) 3P 4C 3/3