Madras High CourtCONT P(MD)/1481/2019disposed of

M.Srinivasan v. Prathiv Yadav

2019-11-26Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI in W.P.(MD) No.12605 of 2017 M.Srinivasan ... Petitioner / Petitioner -vs1.Prathiv Yadav The State of Tamil Nadu Rep.by its Secretary to Government School Education Department Fort St.George Chennai 2.Karuppasamy The Director of School Education DPI Campus, College Road Chennai 3.Rajaram The District Collector Madurai District Madurai 4.A.Meenvathi The District Elementary Educational Officer RMS Road Madurai 5.Muthukumar The Additional Elementary Educational Officer Kottampatti Madurai District ... Contemnor / Respondents PRAYER: Petition filed under Section 11 of Contempt of Court Act, to punish the contemnors / respondents for his willful disobedience of the order passed by this Court in W.P.(MD) No.12605 of 2017, on 15.11.2018.

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Prayer in WP(MD). 12605/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 3rd respondent in Na.Ka.No. A4/1507/2016/Oo.E(oo), dated 15.09.2016 and quash the same and consequently direct the respondents 1 to 5 to construct a compound wall for the panchayat Union Primary School, situated in S.Nos. 287/2, 4 and 288/1,2,4A in Karungalakudi Village, Melur Taluk, Madurai District.

For Petitioner :

Mr.B.S.Meltiue For Respondents :

Ms.S.Srimathy Special Government Pleader

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] This contempt petition has been filed alleging wilful disobedience to the order and direction, dated 15.11.2018, in W.P. (MD) No.12605 of 2017.

2. The writ petition was allowed as prayed for that would mean that there is a direction to the respondents to construct a compound wall, however, there is no direction regarding time limit within which the compound wall has to be constructed.

3. The learned Special Government Pleader has produced documents to show that already tenders have been called for and sanction has also been granted by the competent Authorities for the construction of compound wall.

4. On perusal of the documents produced by the learned Special Government Pleader, it could be seen that by now the tender process could have been completed and work orders could have been issued. However, it is informed that sofar no work order has been issued. Therefore, the respondents are directed to finalize the tender process and issue work orders on or before 16.12.2019 and thereafter, ensure that the construction of the compound wall is commenced forthwith and completed without any delay.

5. Accordingly, the contempt petition is disposed of. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) 2/3

To:

1.The Secretary to Government, School Education Department, The State of Tamil Nadu, Fort St.George, Chennai,

2. The Director of School Education, DPI Campus, College Road, Chennai.

3. The District Collector, Madurai District, Madurai.

4. The District Elementary Educational Officer, RMS Road, Madurai.

5. The Additional Elementary Educational Officer, Kottampatti, Madurai District.

+1 CC to M/s.Special Government Pleader ( SR-102365[F] 28/11/2019 ) in W.P.(MD) No.12605 of 2017 26.11.2019 krk SDS (16.12.2019) 3P 7C 3/3