The Secretary v. Pradeep Yadav

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI in W.A.(MD)No.100 of 2013 The Secretary, Karapettai Nadar Girls Higher Secondary School, Tuticorin, Tuticorin District.

: Petitioner Vs.

1.Pradeep Yadav, The Secretary to the State of Tamil Nadu, Department of School Education, Fort St.George, Chennai - 600 009.

2.Dr.Ilangovan, The Director of School Education, College Road, Chennai - 600 006.

3.Manoharan, The Chief Educational Officer, Tuticorin, Turicorin District.

4.Vasatha, The District Educational Officer, Tuticorin, Tuticorin District.

: Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court Act, to punish the contemnors/respondents herein for their deliberate and wilful disobedience of the order of this Court dated 19.07.2017 in Writ Appeal (MD) No.100 of 2013 under Section 11 of the Contempt of Courts Act, 1971.

Prayer in WA(MD). 100/ 2013 :

Writ appeal filed under clause 15 of letter patent against the order dated 03/10/2012 in WP(md)No.9285 of 2009 on the file of this Honble Court.

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Prayer in WP(MD). 9285/ 2009 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the 2nd respondent director of School Education in Na.Ka.no. 48309/D2/E1/08 dated 29/06/2009 quash the same and further direct the respondents herein to include the English medium sections of the petitioner school for the purpose assessing the staff-requirement and disbursing the of grant-in-aid. For Petitioner : Mr.K.Ragatheesh Kumar, For M/s.Isaac Chambers.

For Respondents : Mr.Sreecharan Rangarajan, Additional Advocate General Assisted by Mr.VR.Shanmuganathan, Special Government Pleader

O R D E R

(Order of the Court was made by N.KIRUBAKARAN, J.) Though Mr.Ragatheshkumar, learned counsel for the petitioner would submit that the judgment of this Court dated 19.07.2017, made in Writ Appeal (MD) No.100 of 2013 has not been complied with in letter and spirit, a proceeding has been passed by the second respondent on 22.11.2018, giving the details as to how the order has been complied with. This Court is convinced that the order of this Court dated 19.07.2017 has been complied with. 2.In view of the above, this Contempt Petition is closed. However, it is made clear that it is open to the petitioner to challenge the proceedings of the second respondent dated 22.11.2018, if he is so advised.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) sj/ias Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3

To 1.The Secretary, Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of School Education, College Road, Chennai - 600 006.

3.The Chief Educational Officer, Tuticorin, Turicorin District.

4.The District Educational Officer, Tuticorin, Tuticorin District.

+1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-22793[F] dated 26/11/2020 ) in W.A.(MD)No.100 of 2013 24.11.2020 SS(CO) AP(04/12/2020) 3 P 6C 3/3