Dismissed

N.Karthikeyan v. Kakarla Usha, I.A.S.

Madras HC7 Mar 2022CONT P/222/2022

Case brief

AI extract

What is this about?

This is an order in a contempt petition filed under Section 11 of the Contempt of Courts Act, 1971. The Division Bench held that since the Division Bench judgment merely affirmed a Single Judge judgment on which the contempt was based, the petition was maintainable only before the Single Judge. The petitioner's prayer for withdrawal was granted, and the petition was dismissed.

What did the court decide?

Withdrawal of the contempt petition before the Division Bench with liberty to maintain it before the learned Single Judge.

N.Karthikeyan Vs Kakarla Usha, I.A.S. — Contempt of Court | Madras HC (2022)

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Cont.P.No.222 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.03.2022

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CORAM :

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THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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Contempt Petition No.222 of 2022

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N.Karthikeyan,

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2,Throwpathyamman koil street, Mel Bhauvangiri Taluk, Cuddalore district. .. Petitioner

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

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K.Arivoli,

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

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S.Jackkulin Rosi,

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Block Development Officer,

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The Additional Assistant Elementary Educational Officer, Bhuvanagiri

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Block, Cuddalore District.

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.. Respondents

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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.

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For the Petitioner : Mr.A.Kumar For the Respondents : Mrs.Mythreye Chandru Spl.G.P. (Edn.) * * * * *

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https://hcservices.ecourts.gov.in/hcservices/

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Cont.P.No.222 of 2022

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ORDER

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(Order of the Court was made by the Hon'ble Chief Justice)

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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.

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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.

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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 the judgment of the learned Single Judge and thereby, the petition would be maintainable before the learned Single Judge.

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Accordingly, the petitioner prays for withdrawal of the present https://hcservices.ecourts.gov.in/hcservices/

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Cont.P.No.222 of 2022

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contempt petition with liberty to maintain it before the learned Single Judge.

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The prayer aforesaid is granted and otherwise, as per the

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observation of the Division Bench also, the contempt would be maintainable

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before the learned Single Judge now after the dismissal of the writ appeal.

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The contempt petition is, accordingly, dismissed with the liberty aforesaid.

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SD/-

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ASSISTANT REGISTRAR(COMM.CASES)

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sra

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//Certified to be true copy//

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Dated at Madras this the day of 2022.

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COURT OFFICER(O.S.)

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from 25^th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format. GS/18/03/2022

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To:

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

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

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

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https://hcservices.ecourts.gov.in/hcservices/

N.Karthikeyan v. Kakarla Usha, I.A.S.

Case brief

What is this about?

What did the court decide?

N.Karthikeyan v. Kakarla Usha, I.A.S.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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