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Madras High CourtSUB A(MD)/185/2023allowed

R. Kannappan v. R.Paramasivam (Died) 1.Samymuthualagu

2023-07-26Honourable Mr. Justice Battu Devanand4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Sixth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice BATTU DEVANAND SUB A(MD) No.185 of 2023 in CONT P(MD)No.1068 of 2023 R. KANNAPPAN ... PETITIONER/PETITIONER Vs R.PARAMASIVAM (DIED) 1 SAMYMUTHUALAGU, THE DISTRICT EDUCATIONAL OFFICER, O/O. THE DISTRICT EDUCATION OFFICE, PUDUKOTTAI.

... 1st RESPONDENT/CONTEMNOR 2 KAKARLA USHA., I.A.S., THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, FORT ST.GEORGE, CHENNAI - 600 009.

... PROPOSED 2nd RESPONDENT/CONTEMNOR Sub Application filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to implead the proposed 2nd respondent / contemnor in the Cont.P.No.1068 of 2023.

Prayer in CONT P(MD). 1068/ 2023 :

Contempt Petition filed under Section 11 Contempt of Court Act, to punish the contemnors/respondents for willful disobedience of the order passed by this Honourable Court dated 24-02-2020 made in WP(MD).No. 305 of 2014. Prayer in WP(MD). 305/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court CERTIORARIFIED MANDAMUS calling for the records from the 3rd respondent in his proceedings No.Mu Mu 4600/AA.3/2013 dated 9.10.2013 and quash the same and consequently direct the 3rd respondent to regularize the service of the petitioner as Vocational Instructor from the date of his appointment 12.11.1975 in the light of Govt. Order in G.O.E.1520 dt.28.09.1988 by relaxing the educational qualification of the petitioner.

ORDER : This Sub Application coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.C.JEGANATHAN, Advocate for the petitioner, the Court made the following order:- Heard and perused the materials available on record.

2. This Court satisfied that the proposed respondents are proper and necessary parties to this Contempt Petition. Accordingly, this petition is allowed to implead the proposed respondents as the respondents 2 and 3 in this Contempt Petition.

3. The Registry is directed to issue notice to the newly impleaded respondents to file their counter affidavit by next date of hearing.

4. Post on 09.08.2023.

sd/- 26/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CM TO 1.SAMYMUTHUALAGU, THE DISTRICT EDUCATIONAL OFFICER, O/O. THE DISTRICT EDUCATION OFFICE, PUDUKOTTAI.

2 KAKARLA USHA., I.A.S., THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, FORT ST.GEORGE, CHENNAI - 600 009.

COPY TO:

THE SECTION OFFICER, CONTEMPT SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN SUB A(MD) No.185 of 2023 in CONT P(MD)No.1068 of 2023 Date :26/07/2023 SS/DD/08/08/2023/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023