M. SANKAR Vs. KRISHNAMOHAN
LAWS(MAD)-2020-2-536
HIGH COURT OF MADRAS
Decided on February 10,2020

M. SANKAR Appellant
VERSUS
Krishnamohan Respondents

JUDGEMENT

S.S.Sundar,J. - (1.) This Contempt Petition was filed for non-compliance of the direction of this Court in the Writ Petition filed by the petitioners earlier in W.P.(MD)No.12006 of 2013. This Court has passed an order on 03.10.2013 in the Writ Petition in the following lines: "5.From the averments made in the affidavit, it is crystal clear that the petitioners have completed their course in the fourth respondent/college very successfully. It is also seen from the records that the respondents 4 and 5 have not issued Conduct Certificates and Transfer Certificates and they have also not returned the other documents, such as, mark sheets, degree certificates, provisional certificates, etc. this Court has been consistently holding that these documents cannot be treated as transferable properties and the fourth respondent/college has got no authority to withhold the same. As a matter of fact, in one case, this Court has gone to the extent of even directing the police to register a case against the school authority, who withheld the certificate of a Teacher, who had left the service. Therefore, there can be no doubt that the respondents 4 and 5 have got no authority to retain the above said certificates. Though as I have already pointed out, notice was served on the respondents 4 and 5, they have not chosen to appear before this Court and thus, they have forfeited their right of hearing before this Court. 6.In view of the above, I am inclined to grant the relief as prayed for. In the result, the Writ Petition is allowed and the respondents 4 and 5 are directed to issue Conduct Certificates and Transfer Certificates and to return the other documents submitted by the petitioners at the time of their admission and also the Provisional Certificates and the Degree Certificates issued by the University to the petitioners. The petitioners are permitted to appear before the the respondents 4 and 5 along with the copy of this order and on production of this order, the respondents 4 and 5 shall comply with the above direction forthwith. No costs."
(2.) Though this Contempt Petition was filed in 2013, it was being adjourned on several occasions for reporting compliance. On earlier occasion, the respondents 1 and 2 failed to appear and this Court was pleased to issue warrant for appearance. Even thereafter, the respondents 1 and 2 did not comply with the direction of this Court.
(3.) The first respondent earlier filed a Writ Petition in W.P. (MD)No.9217 of 2012 for issuing a Writ of Mandamus directing the Inspector of Police to return back the 25 original certificates (provisional) of the students studying in the college, 100 original teaching experience certificates, Canon Video Camera, etc. The Writ Petition was also clubbed along with this Contempt Petition and this Court by order dated 12.12.2014 dismissed the Writ Petition and issued further direction to the respondents. This Court, after observing that the contention of the petitioner/first respondent herein is not acceptable, directed him to pay a sum of Rs.50,000/- to each of the petitioner in the contempt petition as compensation within a period of two months from the date of receipt of copy of the order. The operative portion of the order reads as follows: "5.M.Krishnamohan/Correspondent of MSES College of Education, Thanthoniramalai, who is the petitioner in the writ petition appeared before this Court in person and submitted that all the contempt petitioners have got back the certificates, but only to defame the college and to put him in a deep problem have come to this Court making false prayer. 6.But this Court, after going through the affidavits filed by the contempt petitioners and the status reports filed by Mr.P.Malaichamy, Deputy Superintendent of Police, CB CID, Trichy Range, Trichy, taking note of the plight of the petitioners who have not only lost their valuable time in pursuing their higher studies, but also their aforementioned certificates, to meet the ends of justice hereby directs all the petitioners to make their individual applications seeking duplicate copies of their respective certificates which are discussed in paragraph 3 of this order, to the respective respondents in the contempt petition namely, the Registrar, Annamalai University, Annamalai Nagar, Chidambaram and the Registrar, Madras University, Kamarajar Salai, Chennai. On receipt of such applications from the contempt petitioners, the respondents 3 and 4 namely, the Registrar, Annamalai University, Annamalai Nagar, Chidambaram and the Registrar, Madras University, Kamarajar Salai, Chennai, are directed to consider their applications without looking into other procedures and issue duplicate certificates sought for by the petitioners in their respective applications without insisting payment of any charges thereof. The respondents 3 and 4 in the contempt petition are directed to comply with the aforesaid direction within a period of four weeks from the date of receipt of the applications to be submitted by the contempt petitioners. 7.The petitioners with the fond hope to become Teachers joined the respondent college by paying huge fees, but sadly they lost their hopes to become Teachers and valuable time and money, due to the negligence of the college authorities, therefore, taking note of the difficulties faced by the contempt petitioners and considering the period spent in litigation, this Court directs the writ petitioner, Mr.M.Krishnamohan/Correspondent of MSES College of Education, Thanthoniramalai, to pay a sum of Rs.50,000/- each, to the contempt petitioners towards compensation within a period of two months from the date of receipt of a copy of this order failing which, the District Collector, Karur District, is directed to initiate revenue recovery proceedings. 8.In view of the above directions and since the criminal case registered against the writ petitioner is pending, this Court is not in a position to grant the relief sought for in W.P.No.9217 of 2012 accordingly, the writ petition is dismissed. Consequently, M.P(MD)No.1 of 2012 is closed. No costs. 9.Registry is directed to list the contempt petition in the Month of March 2015 for reporting compliance of this order." ;


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