N.Karthikeyan vs Kakarla Usha
2022 Latest Caselaw 4428 Mad

                                                                               Cont.P.No.222 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.222 of 2022

                     N.Karthikeyan                                               .. Petitioner
                                                                vs

                     1. Kakarla Usha, I.A.S.,
                        Secretary to Government,
                        Education Department,
                        Secretariat, Chennai 600 009.

                     2. K.Arivoli,
                        The Director of Elementary Education,
                        DPI Campus, Chennai 600 006.

                     3. S.Jackkulin Rosi,
                        Block Development Officer,
                        The 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 the respondents 1 to 3 for willful disobedience of the
                     order of this Court dated 14.07.2021 made in W.A.No.422 of 2021.

                                  For the Petitioner      :      Mr.A.Kumar

                                  For the Respondents     :     Mrs.Mythreye Chandru
                                                                Spl.G.P. (Edn.)
                                                              *****

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                                                                               Cont.P.No.222 of 2022



                                                           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 appellant

was dismissed upholding the judgment of the learned Single Judge.

Thus, if at all compliance is to be sought, it is of the judgment 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

Bench because the judgment therein is only affirming the judgment of

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

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https://www.mhc.tn.gov.in/judis Cont.P.No.222 of 2022

the judgment 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
                     sra




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https://www.mhc.tn.gov.in/judis Cont.P.No.222 of 2022

M.N.Bhandari, CJ.

and D.Bharatha Chakravarthy, J.

(sra) To:

1. The Secretary to Government, Education Department, Secretariat, Chennai 600 009.

2. The Director of Elementary Education, DPI Campus, Chennai 600 006.

3. The Block Development Officer, The Additional Assistant Elementary Educational Officer, Bhuvanagiri Block, Cuddalore District.

Cont.P.No.222 of 2022

07.03.2022

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