Madras High Court
Jesu Praba vs A.Gnana Gowri on 16 August, 2023
Cont.P.(MD) No.398 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.08.2023
CORAM:
THE HONOURABLE Mr.JUSTICE BATTU DEVANAND
Contempt Petition (MD) No.398 of 2020
and
Sub Application (MD) No.169 of 2021
in
Writ Petition (MD) No.3601 of 2019
Jesu Praba .. Petitioner
Vs.
1.A.Gnana Gowri
Chief Educational Officer,
Thoothukudi District.
2.C.Lakshmanaswami,
District Educational Officer,
Thoothukudi District. .. Respondents
Prayer: Petition filed under Section 11 of the Contempt of Courts Act,
1971 to punish the respondent herein for his deliberate and willful
disobedience of the order of this Court dated 06.03.2019 in Writ Petition
(MD) No.3601 of 2019.
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Cont.P.(MD) No.398 of 2020
For Petitioner : Ms.A.Amala
For Respondents : Mr.V.Nirmal Kumar
ORDER
This contempt case has been filed complaining wilful disobedience
of the order dated 06.03.2019 in W.P.(MD) No.3601 of 2019.
2. Heard the learned counsel for the petitioner and the learned
counsel appearing for the respondents and perused the record.
3. Admittedly, aggrieved by the order of the learned Single Judge,
dated 06.03.2019, on behalf of the State, a writ appeal was filed and it
was dismissed on 12.11.2019. An application to review the said
judgment was filed and it was also dismissed on 06.06.2023.
4. The first limb of the order dated 06.03.2019 to approve the
appointment of the petitioner with effect from 09.06.2014 was complied
by order dated 22.07.2023 and the second limb of the order to disburse
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Cont.P.(MD) No.398 of 2020
the gratuity towards the petitioner's salary and other attendant benefits
was complied on 07.08.2023.
5. It appears that after the dismissal of the review petition, the
respondents started action to comply the order of the Court and
implemented the order on 07.08.2023. But, in the affidavit filed by the
respondents on 13.07.2023, it is stated that the order of the Court is
complied in letter and spirit, which is false.
6. As admitted by the respondents, the order of the Court was
complied with only on 07.08.2023 in toto. However, considering the fact
that the order of the Court is complied with as of now and taking lenient
view towards the respondents, this Court intends to close this contempt
petition.
7. However, it is made clear that the respondents shall be cautious
and vigilant while filing affidavits before the Court. They are warned
that serious action will be initiated against them, if any false affidavits
are filed before the Court.
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Cont.P.(MD) No.398 of 2020
7.1. For the above reasons, this Contempt Petition is closed.
7.2. Consequently, connected sub application is also closed.
16.08.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes
abr
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https://www.mhc.tn.gov.in/judis
Cont.P.(MD) No.398 of 2020
To
1.Ms.A.Gnana Gowri
Chief Educational Officer,
Thoothukudi District.
2.Mr.C.Lakshmanaswami,
District Educational Officer,
Thoothukudi District.
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https://www.mhc.tn.gov.in/judis
Cont.P.(MD) No.398 of 2020
BATTU DEVANAND, J.
abr
Cont.P.(MD) No.398 of 2020
Dated : 16.08.2023
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