Contempt Petition under Sections 10 and 12 of the Contempt of Courts Ac

In the High Court of Judicature at Madras

Date :  20..03..2008


Coram :

The Hon'ble Mr. Justice D. MURUGESAN
and
The Hon'ble Mr. Justice V. PERIYAKARUPPIAH


Contempt Petition No: 194 of 2008


Sri Maruthamalaiyan Teacher
  Training Institute,
No: 3/2, Venkatesh Nagar,
Hosur,
Krishnagiri District. ...  Petitioner

-vs-

Mr. Perumalsamy
Director D.T.E.R.T.
O/o. Director of Public Instruction,
College Road,
Chennai  600 006. ...  Respondent

..  ..  ..

Contempt Petition under Sections 10 and 12 of the Contempt of Courts Act to punish the respondents for having committed contempt of Court for disobeying the order dated 19.02.2008 made in W.P. No: 3895 of 2008.
For petitioner              :  M/s. E. Vijay Anand
..  ..  ..


O R D E R
(Order of the Court was
                 made by D. Murugesan, J.)

  This petitioner Sri Maruthamalaiyan Teacher Training Institute, Hosur,  has approached this Court with this contempt petition complaining that the order of this Court dated 19.02.2008 made in W.P. No: 3895 of 2008 has been violated.  The said order reads as under :

" This case has been listed at the instance of the petitioner.  It is stated that though there are no adverse order against the petitioner, but, inspite of the observation made on 16th February 2008, the respondents have not allowed the students of the petitioner's institute to appear for the Teachers Training Examination, started from 18th February 2008.
2.  As we find that the writ petition has already been admitted for hearing and in other similar cases general observation has been made that in case that the petitioner succeeds the students may be allowed to appear in a special examination no separate order is required to be passed in this case."

2.  Mr. E. Vijay Anand, learned counsel for the petitioner had contended that contrary to the undertaking and even when the writ

petition is pending, the respondent is going to the press and issues statement that the stidents of the petitioner institute will not be permitted to take up the special examination.  Thus, the respondent has violated the orders passed by this Court.

3.  In our opinion, all that this Court had observed is that in case the petitioner succeeds, the students may be allowed to appear in a special examination and other than that observation, the Division Bench did not pass any order.  By any stretch of imagination, the observation made by the Division Bench cannot be construed to be one restraining the respondent from issuing any press statement.  Even otherwise, the issue of statement that the students will not be permitted to write a special examination will not amount to disobedience  of the orders of this Court as admittedly, the writ petition is pending.  Hence, this contempt petition is dismissed.



( D.M.J. ) ( V.P.K.J. )
gp       20..03..2008



D. Murugesan, J.
and
     V. Periyakaruppiah, J.


     gp










      Cont. Petition No: 194
          of 2008














20..03..2008