N.Karthikeyan vs Kakarla Usha
2022 Latest Caselaw 4423 Mad

                                                                         Cont.P.No.250 of 2022



                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED:    07.03.2022

                                                      CORAM :

                        THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
                                                         AND
                                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
                                           Contempt Petition No.250 of 2022


                     N.Karthikeyan                                            .. Petitioner

                                                          vs

                     1.Kakarla Usha, IAS, Secretary
                       to Government, Education
                       Department, Secretariat,
                       Chennai-9.

                     2.K.Arivoli, Director of
                       Elementary Education,
                       DPI Campus, Chennai-6.

                     3.Tmt.S.Jackkulin Rosi,
                       Block Education Officer,
                       Additional Assistant Elementary
                       Educational Officer,
                       Bhuvanagiri Block,
                       Cuddalore District.                                    .. Respondents


                     Prayer: Petition filed under Section 11 of the Contempt of Courts Act,
                     1971 to punish respondents 1 to 3 for willful disobedience of the
                     judgment of this Court dated 14.7.2021 made in W.A.No.370 of 2021.



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https://www.mhc.tn.gov.in/judis
                                                                               Cont.P.No.250 of 2022




                                  For Petitioner         :     Mr.A.Kumar

                                  For Respondents        :     Mrs.Mythreye Chandru,
                                                               Special Government Pleader


                                                         ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The contempt petition has been filed in reference to the

judgment dated 14.07.2021 passed by the Division Bench wherein no

direction has been given. Rather, the appeal preferred by the

respondents was dismissed upholding the order of the learned Single

Judge. Thus, if at all compliance is to be sought, it should be with

regard to the order of the learned Single Judge and thus, contempt

would be maintainable before the learned Single Judge.

2. The learned counsel for the petitioner submits that contempt

petition was earlier preferred before the learned Single Judge,

however, it was dismissed on account of the interim order passed in

the appeal and thereupon, the appeal was dismissed by the Division

Bench. Thus, the contempt petition has been filed before the Division

Bench.

3. We do not find non-compliance of the judgment of the Division

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https://www.mhc.tn.gov.in/judis Cont.P.No.250 of 2022

Bench because the judgment therein is only affirming the order of the

learned Single Judge. The contempt is alleging non-compliance of the

order of the learned Single Judge and thereby, the petition would be

maintainable before the learned Single Judge.

4. Accordingly, the petitioner prays for withdrawal of the present

contempt petition with liberty to maintain it before the learned Single

Judge.

5. The prayer aforesaid is granted and otherwise, as per the

observation of the Division Bench also, the contempt would be

maintainable before the learned Single Judge now after the dismissal

of the writ appeal.

The contempt petition is, accordingly, dismissed with the liberty

aforesaid.

                                                                  (M.N.B., CJ.)     (D.B.C., J.)
                                                                         07.03.2022
                     Index : Yes/No
                                                                            M.N.Bhandari, CJ.
                                                                                 and


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https://www.mhc.tn.gov.in/judis Cont.P.No.250 of 2022

D.Bharatha Chakravarthy, J.

RS

Cont.P.No.250 of 2022

07.03.2022

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https://www.mhc.tn.gov.in/judis