Madras High Court
R.Brintha vs Kannappan on 22 July, 2025
CONT.P(MD)No.2410 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.07.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CONT.P(MD)No.2410 of 2023
R.Brintha ... Petitioner
vs.
1.Kannappan,
Director of Elementary School Education,
D.P.I. Compound,
College Road, Chennai.
2.G.Arulantham,
District Elementary Educational Officer,
Tirunelveli District,
Tirunelveli,
now designated as
District Educational Officer (Elementary),
Tenkasi District, Tenkasi.
3.Loganathan,
Assistant Elementary Educational Officer,
Alangulam Range, Tirunelveli District. ... Respondents
PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts
Act, to initiate contempt proceedings under Section 11 of the Contempt Courts
act, 1971, against the Contemnors/respondents herein for their wilful
disobedience to the order passed by this Court in W.P.(MD)No.22489 of 2016,
dated 23.11.2016.
For Petitioner :Ms.Kalpana
for Mr.S.Chellapandian
For Respondents :Mr.D.Sadiq Raja
Additional Government Pleader
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CONT.P(MD)No.2410 of 2023
ORDER
This is a petition seeking initiation of contempt proceedings against the respondents for violation of the order, dated 23.11.2016 passed by this Court in W.P.(MD)No.22489 of 2016.
2.Heard Ms.Kalpana, learned Counsel representing Mr.S.Chellapandian, learned Counsel for the petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader for the respondents.
3.The Co-ordinate Bench of this Court, vide order, dated 23.11.2016 in W.P.(MD)No.22489 of 2016 and batch, had passed the following order:-
“6.In the result, these Writ Petitions are disposed of, directing the 2nd respondent in all the cases to consider the proposals sent by the 4th respondent schools, seeking to approve the appointment of the petitioners as Secondary Grade Teachers, in the light of the Division Bench Judgment in W.A(MD)Nos.639 of 2015 etc., dated 17.06.2015 and to pass order of approval, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are closed.”
4.The learned Counsel for the petitioner submits that despite the judgment and order passed by this Court in W.P.(MD)No.22489 of 2016, dated 23.11.2016, the respondents have not complied with the directions of this Court and they have wilfully and deliberately flouting the orders passed by this Court, dated 23.11.2016. Thus, the learned Counsel submits that the respondents 2/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/07/2025 01:22:07 pm ) CONT.P(MD)No.2410 of 2023 should be summoned and punished for committing contempt by exercising the powers under Sections 11 and 12 of the Contempt of Courts Act, 1971.
5.Today, when the matter is taken up, Mr.D.Sadiq Raja, learned Additional Government Pleader, who accepted notice on behalf of the respondents, in compliance of the order passed by this Court, dated 23.11.2016, produced a compliance affidavit annexing an order, dated 09.07.2025, passed by the second respondent and submits that the appointment of the petitioner on the post of Secondary Grade Teacher was approved with effect from 20.04.2023 and the entire arrears of salary was paid to the petitioner in full and she is getting salary regularly without any break. This fact has been stated in paragraph No.6 of the compliance affidavit. The order passed by the second respondent, dated 09.07.2025, is taken on record. A copy of the order passed by the second respondent has also been given to the learned Counsel for the petitioner. Thus, the learned Additional Government Pleader submits that as the judgment and order passed by this Court has been fully complied with by the respondents, the respondents may be discharged from the present contempt proceedings and the present Contempt Petition may be disposed of.
6.Ms.Kalpana, learned Counsel for the petitioner submits that she has also received the copy of the order passed by the second respondent, dated 09.07.2025, and submits that the respondents have made complied with the 3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/07/2025 01:22:07 pm ) CONT.P(MD)No.2410 of 2023 judgment and order passed by this Court 23.11.2016 passed in W.P.(MD)No. 22489 of 2016. Thus, she submits that she has no objection that the respondents may be discharged from the present contempt proceedings at this stage and the Contempt Petition may be disposed of at this stage.
7.After considering the arguments, as advanced by the learned Counsel for the parties and after perusal of the order passed by this Court in W.P.(MD)No. 22489 of 2016, dated 23.11.2016 and the order passed by the second respondent, dated 09.07.2025, this Court is also satisfied that the respondents have made fully complied with the directions issued by this Court and no useful purpose will be served in continuing the present contempt proceedings any further. Accordingly, the respondents are discharged from the present contempt proceedings at this stage and the present Contempt Petition is disposed of at this stage. The file is consigned to record. No order as to costs.
Index :Yes / No 22.07.2025
Internet :Yes / No
NCC :Yes / No
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CONT.P(MD)No.2410 of 2023
To
1.The Director of Elementary School Education, D.P.I. Compound, College Road, Chennai.
2.The District Elementary Educational Officer, Tirunelveli District, Tirunelveli, now designated as District Educational Officer (Elementary), Tenkasi District, Tenkasi.
3.The Assistant Elementary Educational Officer, Alangulam Range, Tirunelveli District.
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