Madras High Court
Hidhayathul Islam Higher Secondary ... vs Mrs.L.Rajini on 28 February, 2025
Sub Application (MD)No.15 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
Sub Application (MD)No.15 of 2025
In
Contempt Petition (MD)No.652 of 2023
In
W.P.(MD)No.15876 of 2022
Hidhayathul Islam Higher Secondary School,
Represented by its Manager,
Kadayanallur – 627 751,
Tenkasi District. Petitioner/Petitioner/Writ Petitioner
Vs
1.Mrs.L.Rajini,
The Chief Educational Officer,
Tenkasi, Tenkasi District.
2.Mrs.K.Amala Thangathaai,
The District Educational Officer,
Now Re-Designated as,
The District Educational Officer (Secondary),
Tenkasi, Tenkasi District. Contemnors/Contemnors/Respondents
PRAYER: Petition is filed under Section 11 of Contempt of Courts Act, 1971,
r/w Section 151 of CPC, to reopen the Contempt Petition (MD)No.652 of 2023
dated 22.10.2024.
For Petitioner : Mr.T.Pon Ramkumar
For Respondents : Mr.F.Deepak
Special Government Pleader
1/8
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Sub Application (MD)No.15 of 2025
ORDER
This petition has been filed to reopen the Contempt Petition
(MD)No.652 of 2023 dated 22.10.2024.
2. Heard Mr.T.Pon Ramkumar, learned counsel for the Petitioner and
Mr.F.Deepak, learned Special Government Pleader, accepts notice on behalf of
the Respondents.
3. When the matter was taken up for hearing on 25.02.2025, this Court
passed the following order:
Heard Mr.T.Pon Ramkumar, learned counsel for the
Petitioner and Mr.F.Deepak, learned Special Government Pleader,
accepts notice on behalf of the Respondents.
2. This petition has been filed to reopen the Contempt Petition
(MD)No.652 of 2023.
3. Mr.T.Pon Ramkumar, the learned counsel for the petitioner,
submits that the Contempt Petition (MD) No. 652 of 2023 was
closed on 22.10.2024 due to the respondents' misrepresentation of
facts before this Court. When the Contempt Petition was taken up
for hearing on 22.10.2024, the respondents submitted that they had
fully complied with the judgment and order passed by this Court on
02.09.2022 in W.P. (MD) No. 15876 of 2022, wherein a direction
was given to “the Educational Authorities to forthwith pass orders,
approving the appointment of Mrs.A.S.Haleema Banu to the post of
B.T.Assistant (Maths) in the Petitioner School with effect from
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Sub Application (MD)No.15 of 2025
24.06.2021, together with all service and monetary benefits within a
period of four weeks from the date of receipt of a copy of this
order”. The learned counsel for the petitioner further submits that
the 2nd respondent appeared in person before this Court with an
order dated 21.10.2024, while the 1st respondent failed to appear,
citing hospitalization. The order dated 21.10.2024 purportedly
shows that the order passed by this Court on 02.09.2022 has been
fully complied with.
4. Considering the order dated 21.10.2024 and the statement
made by the 2nd Respondent, who appeared in person before this
Court on that date, this Court finally closed the Contempt Petition
by order dated 22.10.2024 and the same is reproduced below:
“This contempt petition has been filed alleging
non-compliance of the order, dated 02.09.2022
passed by this Court in W.P.(MD)No. 15876 of
2022.
2. The learned counsels on either side
submitted that the order passed by this Court in
W.P.(MD)No. 15876 of 2022, dated 02.09.2022
has been complied with by the second respondent
vide proceeding Na.Ka.No.6130/M2/2024, dated
21.10.2024 subject to the outcome of Review No.
31 of 2024. The said submissions are recorded.
3. This Court vide order, dated 24.09.2024
issued statutory notice to the respondents. Today,
when the matter was taken up for hearing, the
second respondent appeared before this Court
and her appearance is dispensed with. In regard
to the first respondent, the learned Government
Advocate for the respondents submitted that the
first respondent is hospitalized and he is unable to
appear before this Court.
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Sub Application (MD)No.15 of 2025
4. In view of the above, nothing survives for
adjudication and accordingly, this contempt
petition stands closed.”
5. The learned counsel for the Petitioner further submits that
after the order dated 22.10.2024 was passed by this Court, the
Respondents took a contradictory stance, and another order dated
14.11.2024 was passed, which curtailed the benefits granted by
the earlier order dated 21.10.2024. Consequently, the order
passed by this Court was not complied with, as evident from the
order dated 14.11.2024. Thus, the learned counsel submits that the
Respondents have committed fraud upon this Court and are in
contempt again. They should be punished for non-compliance with
the order dated 21.10.2024, which is at Page No.112. He submits
that Respondents may be summoned before this Court and
punished for committing contempt.
5. Mr.F.Deepak, the learned Special Government Pleader
appearing on behalf of the Respondents, submits that there
appears to be some confusion in passing the second order dated
14.11.2024. He assures this Court that whatever order passed by
this Court will be fully complied with and requests three days' time
to ensure compliance with the said order.
6. In view of the assurance given by Mr.F.Deepak, learned
Special Government Pleader, this Court grants the Respondents
three days time to fully comply with the order dated 02.09.2022 and
the order dated 21.10.2024 without fail and file an affidavit of
compliance in this regard. If the Respondents fail to comply with
the said order within the stipulated time frame, they are directed to
appear in person before this Court on the next fixed date.
7. Put up this case on 28.02.2025 “For Orders”.
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Sub Application (MD)No.15 of 2025
8. Let a copy of this order is given to Mr.F.Deepak, learned
Special Government Pleader for its necessary compliance and
information to the Respondents.
4. In compliance with the order dated 02.09.2022 passed by this Court in
W.P.(MD)No.15876 of 2022 and the order dated 25.02.2025 passed in the
present petition, the respondents have issued an order dated 26.02.2025,
thereby complying with the directions of this Court.
5. Mr.F.Deepak, the learned Special Government Pleader, submits that
the order passed by this Court on 02.09.2022 in W.P.(MD)No.15876 of 2022
has been complied with. He has produced a copy of the compliance affidavit
filed by the 2nd Respondent, annexing a copy of the compliance order dated
26.02.2025, which has been taken on record. In view of the compliance, he
prays that the Respondents be discharged from the contempt proceedings.
6. Mr.T.Pon Ramkumar, the learned counsel for the Petitioner submits
that the Respondents have approved the appointment of the Petitioner in the
post of B.T.Assistant (Maths) and provided the entire monetary benefits as
directed by this Court vide order dated 02.09.2022 in W.P.(MD)No.15876 of
2022. Consequently, the Respondents have fully complied with the Court's
order, and the Petitioner has also received the compliance order dated
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Sub Application (MD)No.15 of 2025
26.02.2025. The counsel further states that he has no objection to discharging
the Respondent from the contempt proceedings.
7. In view of 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 26.02.2025 passed by the Respondents,
as well as the statement made by the learned counsel for the Petitioner that the
entire benefits as well as the approval have been granted to the Petitioner in
compliance with the order dated 02.09.2022 in W.P.(MD)No.15876 of 2022, this
Court deems it appropriate to dispose the present petition,as no useful purpose
would be served by keeping them pending. Accordingly, the Respondents are
discharged from the contempt proceedings.
8. In view of the above, the Sub Application is disposed of. Connected
miscellaneous petition, if any, stands closed. The file shall be consigned to
record. No costs.
28.02.2025
Nsr
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Sub Application (MD)No.15 of 2025
To:
1.The Chief Educational Officer,
Tenkasi, Tenkasi District.
2.The District Educational Officer,
Now Re-Designated as,
The District Educational Officer (Secondary),
Tenkasi, Tenkasi District.
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Sub Application (MD)No.15 of 2025
SHAMIM AHMED, J.
Nsr
Sub Application (MD)No.15 of 2025
28.02.2025
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