Madras High CourtCONT P(MD)/1380/2019closed

M.Jesu Rathi v. Gnanagowri

2019-12-13Honourable Mr Justice M.S. Ramesh1 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2019 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH Cont.P.(MD)No.1380 of 2019 in W.P.(MD)No.15580 of 2019 M.Jesu Rathi : Petitioner/ Petitioner Vs.

Gnanagowri Chief Educational Officer, Thoothukudi District, Thoothukudi.

: 3rd Respondent / Contemnor PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court Act, to punish the Contemnor/third respondent for wilful disobedience of the order dated 12.07.2019 passed in writ petition in W.P.(MD)No.15580 of 2019.

Prayer in WP(MD)No.15580 of 2019 Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to transfer the petitioner from fourth respondent school to fifth respondent school to the post of B.T.Assistant (Social Science) in the light of Government Letter (Ms) No.92/S/09 dated 22.07.2009. For Petitioner : Mr.J.David Ganesan For Respondent : Mr.S.Srimathy, Special Government Pleader.

ORDER

This Contempt Petition has been filed to punish the Contemnor/third respondent for wilful disobedience of the order dated 12.07.2019 passed in writ petition in W.P.(MD)No.15580 of 2019.

2.In view of the order passed by the respondent herein dated 13.09.2019 and 14.10.2019, the disobedience alleged by the petitioner cannot be deemed wilful in nature and hence, no order can be passed in the present contempt petition and the same is closed. 3.If at all, the petitioner is aggrieved over the order passed by the respondent, he is at liberty to challenge the same, in accordance with law.

Sd/- Assistant Registrar (Crl.side) // True Copy // Sub Assistant Registrar(CS) To Mrs.Gnanagowri Chief Educational Officer, Thoothukudi District,Thoothukudi.

+1 CC to M/s.SPL GP ( SR-105051[F] dated 16/12/2019 ) SMA/03/01/2020/1P/3C Cont.P.(MD)No.1380 of 2019 https://hcservices.ecourts.gov.in/hcservices/