Adi Dravida High School v. Thiru.Kannappan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Sixteenth day of December Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU ADI DRAVIDA HIGH SCHOOL, REPRESENTED BY ITS CORRESPONDENT CUM MANAGER, J.R.JOHN SAMUEL NALLATHAMBI ... PETITIONER/ PETITIONER Vs (*)1 DELETED 2 R.BOOPATHY, CHIEF EDUCATIONAL OFFICER, CHIEF EDUCATIONAL CAMPUS, KOKKARAKULAM, TIRUNELVELI-627 009. CONTEMNORS/RESPONDENTS NO.2 & 4 (R1 DELETED VIDE HIGH COURT ORDER DATED 15.11.2019 BY SSSKJ) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to punish the contemnors/respondents 2 and 4 for willfully and deliberately disobeying the order passed by this Honourable Court made in WP(MD)No.9463 of 2015 dated 10.07.2019. Prayer in WP(MD) No.

9463 of 2015:- Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the fourth respondent to give effect to the order of dismissal dated 26.05.2015 issued to the sixth respondent, passed by the petitioner herein within the time period stipulated by this Court. ORDER: This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.S.ARIVALAGAN, Advocate for the petitioner and of MR.N.SHANMUGA SELVAM, Additional Government Pleader for R2, the court made the following order:- Alleging non compliance of the order made in WP(MD)No.9463 of 2015 dated 10.07.2019, the present contempt petition has been filed.

2.The petitioner filed the above writ petition for issuance of a Writ of Mandamus directing the 4th respondent therein to give effect to the order of dismissal dated 26.05.2015 issued to the 6th respondent passed by the petitioner within a time frame. This Court by order dated 10.07.2019, disposed of the writ petition permitting the 6th respondent in the writ petition to submit a detailed explanation/objection/representation to the 4th respondent regarding the proposal submitted by the writ petitioner school management with reference to the order of dismissal within a period of two weeks and on receipt of explanation from the 6th respondent, the 4th respondent was directed to consider the proposal submitted by the petitioner school along with the explanation, if any, submitted by the 6th respondent and take a decision and pass orders on merits and in accordance within law within 12 weeks.

3.Today, the learned Additional Government Pleader would produce the order dated 12.12.2019 passed by the 2nd respondent and stated that the orders of this Court in the above writ petition is complied with.

4.Perusal of the order shows that the authority has stated that the petitioner has not produced the relevant documents for him to pass the order and since the order passed by this Court is a time bound order, the authority has recorded the same and passed the order by considering the representation of the petitioner. 5.Learned counsel for the petitioner would state that if the contemnor feels that they are bereft of any particulars, they should ask the petitioner to produce the same which they have not done and the learned Additional Government Pleader would state that the petitioner will be asked about the particulars and after getting the required particulars, orders will be passed afresh. 6.

The 2nd respondent is directed to call for the required particulars from the petitioner within a week from today and the petitioner shall provide the required particulars forthwith and on receipt of the same, the 2nd respondent shall pass appropriate orders within two weeks thereafter. The entire exercise shall be completed within six weeks from the date of receipt of a copy of this order. Post the contempt petition on 20.02.2020.

sd/- 16/12/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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To R.BOOPATHY, CHIEF EDUCATIONAL OFFICER, CHIEF EDUCATIONAL CAMPUS, KOKKARAKULAM, TIRUNELVELI-627 009.

+1. C.C. to SPECIAL GOVERNMENT PLEADER Advocate SR.No.105584

ORDER

IN Date :16/12/2019 BALA TK/VR/SAR.1/03.01.2020/3P/3C 3/3