Madras High Court
The Correspondent vs K.Balathandayuthapani on 28 April, 2025
Contempt Petition (MD)No.1038 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
Contempt Petition (MD)No.1038 of 2025
In
W.P.(MD)No.24490 of 2019
The Correspondent,
St.Mary's Higher Secondary School,
Melpalai – 629 152,
Kanyakumari District. Petitioner / Writ Petitioner
Vs
K.Balathandayuthapani,
Chief Educational Officer,
Nagercoil,
Kanyakumari District. Contemnor/3rd Respondent
PRAYER: Contempt Petition is filed under Section 11 of Contempt of
Courts Act, to punish the Contemnor/ 3rd Respondent for willfully
disobeying and not complying with the order passed by this Court in
W.P(MD)No.24490 of 2019, dated 27.09.2024.
For Petitioner : Mr.T.Cibichakraborthy
For Respondent : Mr.F.Deepak
Special Government Pleader
1/8
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Contempt Petition (MD)No.1038 of 2025
ORDER
This is a petition seeking initiation of contempt proceedings against
the Respondent for violation of the order, dated 27.09.2024 passed by this
Court in W.P.(MD)No.24490 of 2019.
2. Heard Mr.T.Cibichakraborthy, learned counsel appearing for the
Petitioner and Mr.F.Deepak, learned Special Government Pleader, who
accepts notice on behalf of the Respondent.
3. When the matter was taken up on 23.04.2025, this Court passed the
following order:
“4.Mr.A.Mohamed Ashfalk, learned counsel for
Mr.T. Cibichakraborthy, learned counsel appearing for
the Petitioner, submits that despite the order passed by
this Court in the present contempt petition dated
08.04.2025, wherein the Respondent was given a chance
to comply, the Respondent has wilfully and deliberately
flouted the orders passed by this Court as well as the Writ
Court, without implementing the directions. Thus, the
learned counsel submits that the Respondent is in
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Contempt Petition (MD)No.1038 of 2025
contempt and prays that the Respondent 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. At this juncture, Mr.F.Deepak, learned Special
Government Pleader for the Respondent, submits that
compliance is in progress and requests three days' time to
file a compliance affidavit along with the decision taken
by the Respondent, to ensure compliance with the order
passed by the Writ Court dated 27.09.2024 in W.P.(MD)
No. 24490 of 2019.
6. In view of the assurance given by Mr.F.Deepak,
learned Special Government Pleader, this Court grants
the Respondent a final opportunity to comply with the
judgment and order passed by the Writ Court dated
27.09.2024 in W.P.(MD) No. 24490 of 2019 as well as the
directions issued by this Court in the present contempt
petition dated 08.04.2025, without fail, within three days
from today.
7. K.Balathandayuthapani, Chief Educational
Officer, Nagercoil, Kanyakumari District, is directed to
communicate the decision taken by him to the Petitioner
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Contempt Petition (MD)No.1038 of 2025
on or before the next date fixed. Further, he is directed to
appear in person before this Court along with a
compliance affidavit and the decision taken by him on the
next date fixed.
8. Put up this case on 28.04.2025 “For Orders”
before this Court.
9. Let a copy of this order is given to Mr.F.Deepak,
learned Special Government Pleader for its necessary
compliance and information to the Respondent.”
4. Pursuant to the order dated 23.04.2025 passed by this Court in the
present contempt petition, Balathandayuthapani, who is serving as Chief
Educational Officer, Nagercoil, Kanyakumari District, appeared in person
and produced an order dated 25.04.2025, along with a compliance
affidavit, and submitted that the judgment and order passed by the Writ
Court dated 27.09.2024, in W.P.(MD) No. 24490 of 2019 had been
complied with. A copy of the said order and the compliance affidavit has
been taken on record and furnished to the learned counsel for the
Petitioner.
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Contempt Petition (MD)No.1038 of 2025
5. Mr.F.Deepak, learned Special Government Pleader for the
Respondent, submits that in the 6th paragraph of the compliance affidavit, it
has been clearly stated that necessary approval has been granted to the
incumbent viz., S.Agvinas Regin for appointment to the post of
Pre-Vocational Instructor (Agriculture) with effect from 01.06.2018 and it
was also mentioned that the Respondent instructed the Management of the
School to submit necessary bills, for disbursing the monetary benefits to
the incumbent viz., S.Agvinas Regin, who was working in the Petitioner
Institution. Thus, he submits that the judgment and order passed by the
Writ Court dated dated 27.09.2024, in W.P.(MD) No. 24490 of 2019 has
been complied with, and therefore, he prays that the Respondent be
discharged from the contempt proceedings.
6. Mr.T.Cibichakraborthy, learned counsel appearing for the
Petitioner, submits that the judgment and order passed by the Writ Court
dated 27.09.2024, in W.P.(MD) No. 24490 of 2019 has been complied
with by the 1st Respondent/ the Chief Educational Officer, Nagercoil,
Kanyakumari District, and that in this regard, an order has also been
issued, which was received by the Petitioner. He further states that he has
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Contempt Petition (MD)No.1038 of 2025
no objection to the Respondent being discharged from the contempt
proceedings.
7. The learned counsel for the Petitioner further submits that the
Respondent may also be directed to pay the monetary benefits to the
incumbent viz., S.Agvinas Regin forthwith.
8. The learned Special Government Pleader submits that once an
order has already been passed by this Court, it is the duty of the
Respondent to comply with the order, and thereafter, the Respondent may
certainly consider the claim of the Petitioner Institution in respect of
monetary benefits to the incumbent viz., S.Agvinas Reginfrom the date of
approval. He also assures this Court that the monetary benefits would be
disbursed, after completing other formalities, within a period of two
months from today.
9. Considering the submissions made by the learned counsel for the
Petitioner and the learned Special Government Pleader for the Respondent,
and upon perusal of the order dated 25.04.2025 and the compliance
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Contempt Petition (MD)No.1038 of 2025
affidavit particularly in paragraph no.6, this Court is satisfied that the
Respondent has fully complied with the judgment and order of the Writ
Court dated 27.09.2024, in W.P.(MD) No. 24490 of 2019. The learned
Special Government Pleader has also assured that the monetary benefits
will be disbursed within a period of two months from today. In view of this
assurance, this Court deems it appropriate to drop the contempt
proceedings. Accordingly, the Respondent is discharged from the contempt
proceedings at this stage.
10. In view of the above, the Contempt Petition is disposed of with a
direction to the Respondent to disburse the monetary benefits to the
incumbent viz., S.Agvinas Regin, within a period of two months from
today, without fail. The file shall be consigned to the record. There shall be
no order as to costs.
28.04.2025
NCC:yes/no
Index:yes/no
Internet:yes/no
Nsr
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Contempt Petition (MD)No.1038 of 2025
SHAMIM AHMED, J.
Nsr
To:
The Chief Educational Officer,
Nagercoil,
Kanyakumari District.
Contempt Petition (MD)No.1038 of 2025
28.04.2025
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