In a contempt petition filed for disobedience of a writ order granting arrears, the bench held that since a writ appeal against that order is pending, the court cannot consider implementation. The petition was closed without further adjudication.
Contempt petition stands closed; no further adjudication required.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2017
CORAM :
THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM
Contempt Petition No.1450 of 2016
in W.P.No.22890 of 2015
1.A.Jayalakshmi
2.G.Rajendran
3.R.Elumalai
4.G.Radhakrishnan
5.G.Sampath
6.K.Yasodha
7.D.Rani
8.R.Ambiga
9.N.Kumari
10.S.Thilagam
11.D.Mary Kamala Bai
12.S.M.Rajendran
13.V.Venugopal
14.M.Umarani
15.C.D.Gangatharan
16.S.Lalitha
17.S.Soundaravalli
18.C.Sakunthala
19.K.Adhilakshmi
20.N.Raghavan
21.R.Padmini
22.V.Vijayalakshmi
23.M.Dhanalakshmi
24.S.Prathaban ... Petitioner
Vs.
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Government of Tamil Nadu,
Fort St.George, Chennai – 600 009.
The Director of Elementary Education, College Road, Chennai – 600 006.
The District Elementary Educational Officer, Kancheepuram District, Kancheepuram.
The Assistant Elementary Educational Officer, Kattankolathur Panchayat Union, Kattankolathur, Kancheepuram District.
... Respondents
Prayer : Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents for the act of willful disobedience the order of this Hon'ble Court dated 29.07.2015 made in W.P.No.22890 of 2015.
For Petitioners : Mr.A.S.Kaizer
O R D E R
The learned Government Advocate made a submission that against
the order dated 29.07.2015 passed in W.P.No.22890 of 2015, the State has preferred W.A.No.1038 of 2017 and the Hon'ble Division Bench has admitted
the Writ Appeal and the same is pending.
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arrears of pay. Therefore, this Court cannot consider the implementation of the order, in view of the pendency of the Writ Appeal.
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S.M.SUBRAMANIAM,J.
ms
Contempt Petition No.1450 of 2016
06.09.2017
1 issue framed by the court
Whether the contempt petition can be adjudicated while a writ appeal against the underlying order is pending.
1 provisions across 1 enactments
A.Jayalakshmi and others
Mrs.D.Sabitha, I.A.S.
Government of Tamil Nadu
Mr.N.Elangovan
Mrs.Vijayalakshmi
Mrs.Poongothai
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
