Citation : 2025 Latest Caselaw 6528 Mad
Judgement Date : 28 April, 2025
Cont.P(MD)No.3187 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 07.04.2025
Pronounced on : 28.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
Cont.P.(MD)No.3187 of 2024
in W.P.(MD)No.13988 of 2024
D.Ivy Sulochana ... Petitioner / Petitioner
Vs.
1. S.Kannappan,
Director of School Education,
Perasiriyar Anbazhagan Campus,
DPI Complex, College Road,
Chennai - 600 006.
2. Baladhandauthapani,
Chief Educational Officer,
Kanniyakumari District. ... Contemnors/Respondents
PRAYER: Petition filed under Section 11 of the Contempt of Courts Act,
to pleased to punish the respondents herein for the deliberate and willful
disobedience of the order of this Honourable court dated 28.06.2024 in
WP(MD) .No.13988 of 2024 amounting to contempt of Courts Act, 1971.
For Petitioner : Mr.E.V.N. Siva
For Respondents : Mr.R.Baskaran
Senior Counsel
for Mr.M.Siddarthan
1
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Cont.P(MD)No.3187 of 2024
ORDER
While allowing a writ petition in WP(MD)No.13988 of 2024 on
28.06.2024, this Court issued the following direction:
“The respondents are directed to consider the representation of the petitioner for counting 50% of the services rendered by them as part time Vocational Instructors by taking into account of the various orders in the writ petitions and the judgment of this Court dated 21.04.2017 made in W.A(MD)No.392 of 2027 etc.batch”
2. Complaining the disobedience on the part of the respondents in
implementing the said order, the present contempt petition is filed.
3. The respondents filed a counter affidavit, wherein it is stated
that they implemented the order of this Court. However, they admitted
that there is a delay in implementing the order of the Court.
4. Considering the facts and circumstances of the case, in the
considered opinion of this court, the order of the Court is not complied
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with in true letter and spirt as it is not implemented within the time
stipulated by this Court and as such, the respondents are liable to be
punished under the provisions of the Contempt of Court Act.
5. At this stage, the contemnors prayed the Court to pardon them.
They also assured to be more careful in future in implementing
the court's order and tendered their unconditional apology.
6. The contemnors also filed an undertaking affidavit stating that
they will implement the orders without delay in future and tendered their
unconditional apology. It is further stated that to prove their
unconditional apology as bonafide, they are ready to do some social
work as this Court deems fit.
7. They expressed their willingness to visit the premises of
Rehoboth Home for Mentally Challenged Women, No.22, Viswasa
Nagar, Koluthuvancheri, Paranaiputhur, Ayyappanthangal, Chennai 600
122 and to provide necessary assistance by providing required articles
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for utilization of the inmates of the said home with their own money
within a period of two weeks from the date of this order.
8. Considering the undertaking given by the contemnors, this
Court opines that the unconditional apology is bonafide and accordingly
inclined to close this Contempt Petition.
9. After visiting the said home, the contemnors shall file an
affidavit before the Registrar (Judicial), Madurai Bench of Madras High
Court, Madurai, with regard to the service they rendered within a week
thereafter to enable the Registrar (Judicial) to keep the same in the record
for perusal of the Court.
10. If any contemnor fails to fulfill the undertaking, the Registry
shall re-open the contempt petition and place before this Court.
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11. Accordingly, this contempt petition is closed.
28.04.2025
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
CM
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Copy to
Rehoboth Home for Mentally Challenged Women, No.22, Viswasa Nagar, Koluthuvancheri, Paranaiputhur, Ayyappanthangal, Chennai 600 122
To,
1. S.Kannappan, Director of School Education, Perasiriyar Anbazhagan Campus, DPI Complex, College Road, Chennai - 600 006.
2. Baladhandauthapani, Chief Educational Officer, Kanniyakumari District.
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BATTU DEVANAND, J.,
CM
.04.2025
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