Madras High Court
A.Alexandar vs Balathandayuthapani on 28 April, 2025
CONT.P(MD)No.728 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CONT.P(MD)No.728 of 2025
A.Alexandar ... Petitioner
vs.
Balathandayuthapani,
Chief Educational Officer,
Kanyakumari District. ... Respondent
PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court
to punish the respondent herein for the deliberate and willful disobedience of
the order of this Court, dated 17.10.2024 passed in W.P.(MD)No.6016 of
2019 amounting to Contempt of Court under Section 11 of the Contempt of
Courts Act, 1971.
For Petitioner :Mr.E.V.N.Siva
For Respondent :Mr.F.Deepak
Special Government Pleader
*****
ORDER
This is a petition seeking initiation of contempt proceedings against the
respondent for violation of the order of the Writ Court, dated 17.10.2024
passed in W.P.(MD)No.6016 of 2019.
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2.Heard Mr.E.V.N.Siva, learned Counsel for the petitioner and
Mr.F.Deepak, learned Special Government Pleader for the respondent.
3.When the matter was taken up on 22.04.2025, this Court has passed
the following order:
“ Mr.F.Deepak, learned Special Government Pleader for the
respondent submits that the process in compliance of the order
passed by this Court in W.P.(MD) No.6016 of 2019, dated 17.10.2024
and in Cont.P.(MD) No.728 of 2025, dated 20.03.2025 is going on. He
wants some further time to make compliance of the said order and to
file a compliance affidavit along with a decision taken by the
respondent.
2.Mr.E.V.N.Siva, learned counsel for the petitioner has no
objection to the aforesaid prayer made by the learned Special
Government Pleader for the respondent.
3.Accordingly, as prayed for by the learned Special
Government Pleader for the respondent, one week time is granted to
make compliance of the orders of this Court dated 17.10.2024 and
20.03.2025 and to file a compliance affidavit in this regard along with a
decision taken by the respondent, failing which, the respondent shall
appear before this Court in person and explain as to why the order has
not been complied with.
4.Put up this case ‘for orders’ on 28.04.2025 before the appropriate
Bench.”
4.Today, when the matter is being taken up, Mr.F.Deepak, learned
Special Government Pleader for the respondent has produced a compliance
affidavit annexing the copy of the order, dated 25.04.2025. passed by the
respondent and in paragraph No.6 of the compliance affidavit, it has been
clearly stated that the respondent has made fully complied with the judgment
and order passed by this Court, dated 17.10.2024 passed in W.P.(MD)No.
6016 of 2019 and the approval for appointment of the petitioner as Pre-
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Vocational Instructor was granted. The compliance affidavit, dated
25.04.2024 is produced before this Court, which is taken on record. The copy
of the compliance affidavit, dated 25.04.2024 was also served on the learned
Counsel for the petitioner. Mr.F.Deepak, learned Special Government
Pleader also assures that whatever the monetary and other benefits due to
the petitioner shall be paid to him within a period of two months from today.
Thus, Mr.F.Deepak, learned Special Government Pleader submits that as the
respondent has made complied with the judgment and order passed by this
Court dated 17.10.2024 passed in W.P.(MD)No.6016 of 2019, he may be
discharged from the present Contempt Proceedings.
5.Mr.E.V.N.Siva, learned Counsel for the petitioner submits that he has
also received the compliance affidavit, dated 25.04.2024 along with the copy
of the decision taken by the respondent, dated 25.04.2025 and submits that
the respondent has made complied with the judgment and order passed by
this Court dated 17.10.2024 passed in W.P.(MD)No.6016 of 2019. Thus, he
submits that the approval for the appointment of the petitioner to the post of
Pre-Vocational Instructor has also been granted. He also submits that as
assured by the learned Special Government Pleader, the monetary benefits
be paid to the petitioner within a period of two months from today and he has
no objection that the respondent may be discharged from the present
contempt proceedings and the Contempt Petition may be disposed of.
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6.Accordingly, In view of the submissions made by the learned counsel
for the parties and after perusal of the compliance affidavit, especially at
paragraph No.6 of the compliance affidavit and the order passed on behalf of
the respondent, dated 25.04.2025, by which the approval for appointment of
the petitioner was granted, this Court also deem it appropriate that no useful
purpose would be served by keeping the contempt proceedings pending.
Accordingly, the respondent is discharged from the contempt proceedings.
The respondent shall paid all the service and monetary benefits payable to
the petitioner, as assured by the learned Special Government Pleader, within
a period of two months from today.
7.In view of the above, the Contempt Petition is disposed of. The file
shall be consigned to record. No costs.
Index :Yes / No 28.04.2025
Internet :Yes / No
NCC :Yes / No
cmr
To
The Chief Educational Officer,
Kanyakumari District.
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SHAMIM AHMED, J.
cmr
28.04.2025
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