Madras High Court
S.Saraswathi vs Dr.J.Sangumani on 8 April, 2025
Contempt Petition(MD)No.892 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
Contempt Petition(MD)No.892 of 2025
In
W.P.(MD)Nos.20621 of 2021
S.Saraswathi,
W/o.N.Sornamuthu,
7/194, Muppidathi Amman Kovil Main Road,
Thimmarajapuram,
Palayamkottai,
Tirunelveli District. ...Petitioner/Petitioner
Vs
1.Dr.J.Sangumani,
Director,
Directorate of Medical Education,
Kilpauk,
Chennai.
2.Dr.Revathy Balan,
Dean,
Tirunelveli Medical College Hospital,
Tirunelveli. ...Contemnors/Respondents
PRAYER: Contempt Petition is filed under Section 11 of Contempt of
Courts Act, to punish the Contemnors/ Respondent for willfully disobeying
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Contempt Petition(MD)No.892 of 2025
and not complying with the order passed by this Court in W.P(MD)No.
20621 of 2021, dated 11.09.2024.
For Petitioner : Mr.K.Gokul
For Respondents : Mr.F.Deepak
Special Government Pleader
ORDER
This is a petition seeking initiation of contempt proceedings against
the Respondent for violation of the order, dated 11.09.2024 passed by this
Court in W.P.(MD)No.20621 of 2021.
2. Heard Mr.K.Gokul, learned counsel for the Petitioner and
Mr.F.Deepak, learned Special Government Pleader, for the Respondents.
3. Mr.K.Gokul, learned counsel for appearing for the Petitioner,
submits that the Petitioner, who has challenged the appointment of one
Tamilselvi, has filed a Writ Petition in W.P.(MD)No.20621 of 2021 and
the learned Single Judge of the Writ Court disposed of the aforementioned
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Contempt Petition(MD)No.892 of 2025
writ petition vide order dated 27.09.2024. For better appreciation, the
relevant portion of the order is reproduced below:
“4. After recording the submissions made by the learned
counsel appearing for the petitioner that the petitioner is no
longer interested in challenging the appointment of the third
respondent, this Court permits the petitioner to submit a
fresh representation to the second respondent seeking to
post her in Tirunelveli District as an Audiometrician in the
place of Tamilselvi in which the petitioner was earlier
posted and has now been transferred to Villupuram District,
within a period of two weeks from the date of receipt of a
copy of this order and on receipt of the said representation,
the second respondent shall pass final orders on merits and
in accordance with law within a period of eight weeks
thereafter.
5. With the above direction, the Writ Petition stands
disposed of. No costs. Consequently, connected
miscellaneous petitions are closed.”
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Contempt Petition(MD)No.892 of 2025
4. The learned counsel for the Petitioner further submits that despite
the judgment and order passed by the Writ Court dated 11.09.2024 in
W.P.(MD)No.20621 of 2021, the Respondents have not complied with the
directions of the Writ Court and they have wilfully and deliberately
flouting the orders passed by the Writ Court. Thus, the learned counsel
submits that the Respondents are in contempt and also submits that the
Respondents may be summoned before this Court 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 being taken up, Mr.F.Deepak, learned
Special Government Pleader for the Respondents, produced an order dated
02.03.2025, passed by the Office of the Chief, Tirunelveli Medical College
and submits that the Respondents have fully complied with the Court's
order dated 11.09.2024 in W.P.(MD)No.20621 of 2021. He states that if
the Petitioner is aggrieved by the said order, she may challenge the same
before the competent Court of law. A copy of the order dated 02.03.2025
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Contempt Petition(MD)No.892 of 2025
has been taken on record and furnished to the learned counsel for the
Petitioner. Therefore, he prays that the Respondents be discharged from
the contempt proceedings.
6. Mr.K.Gokul, learned counsel for the Petitioner, submits that he has
received a copy of the order dated 02.03.2025, wherein the Respondents
have decided the Petitioner's claim, albeit rejecting it. He further submits
that if the Petitioner is aggrieved by the said order, she may challenge it
before the competent Court of law. The learned counsel states that he has
no objection to the Respondents being discharged from the contempt
proceedings.
7. Considering the submissions made by the learned counsel for the
Petitioner and the learned Special Government Pleader for the
Respondents, and upon perusal of the order dated 02.03.2025, this Court is
satisfied that the Respondents have fully complied with the judgment and
order of the Writ Court dated 11.09.2024 passed in W.P.(MD)No.20621 of
2021. In view of the same, this Court deems it appropriate that no useful
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Contempt Petition(MD)No.892 of 2025
purpose would be served by keeping the contempt proceedings pending.
Therefore, the Respondents are discharged from the contempt proceedings.
8. In view of the above, the Contempt Petition is disposed of with
liberty to the Petitioner to challenge the order dated 02.03.2025 before the
competent Court of law, if she is so aggrieved. The file shall be consigned
to record. There shall be no order as to costs.
08.04.2025
Index:Yes/No
Web:Yes/No
Speaking/Non Speaking
Nsr
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Contempt Petition(MD)No.892 of 2025
To:
1.The Director,
Directorate of Medical Education,
Kilpauk,
Chennai.
2.The Dean,
Tirunelveli Medical College Hospital,
Tirunelveli.
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Contempt Petition(MD)No.892 of 2025
SHAMIM AHMED, J.
Nsr
Contempt Petition(MD)No.892 of 2025
08.04.2025
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