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R.Brintha vs Kannappan
2025 Latest Caselaw 1291 Mad

Citation : 2025 Latest Caselaw 1291 Mad
Judgement Date : 22 July, 2025

Madras High Court

R.Brintha vs Kannappan on 22 July, 2025

                                                                                              CONT.P(MD)No.2410 of 2023


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                       DATED: 22.07.2025

                                                               CORAM

                                     THE HONOURABLE MR.JUSTICE SHAMIM AHMED

                                                 CONT.P(MD)No.2410 of 2023

                     R.Brintha                                                            ... Petitioner

                                                                   vs.
                     1.Kannappan,
                     Director of Elementary School Education,
                     D.P.I. Compound,
                     College Road, Chennai.

                     2.G.Arulantham,
                     District Elementary Educational Officer,
                     Tirunelveli District,
                     Tirunelveli,
                     now designated as
                     District Educational Officer (Elementary),
                     Tenkasi District, Tenkasi.

                     3.Loganathan,
                     Assistant Elementary Educational Officer,
                     Alangulam Range, Tirunelveli District.                               ... Respondents

                     PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts
                     Act, to initiate contempt proceedings under Section 11 of the Contempt Courts
                     act, 1971, against the Contemnors/respondents herein for their wilful
                     disobedience to the order passed by this Court in W.P.(MD)No.22489 of 2016,
                     dated 23.11.2016.

                                     For Petitioner         :Ms.Kalpana
                                                            for Mr.S.Chellapandian
                                     For Respondents        :Mr.D.Sadiq Raja
                                                            Additional Government Pleader

                     1/6




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                                                                                                CONT.P(MD)No.2410 of 2023



                                                                    ORDER

This is a petition seeking initiation of contempt proceedings against the

respondents for violation of the order, dated 23.11.2016 passed by this Court in

W.P.(MD)No.22489 of 2016.

2.Heard Ms.Kalpana, learned Counsel representing Mr.S.Chellapandian,

learned Counsel for the petitioner and Mr.D.Sadiq Raja, learned Additional

Government Pleader for the respondents.

3.The Co-ordinate Bench of this Court, vide order, dated 23.11.2016 in

W.P.(MD)No.22489 of 2016 and batch, had passed the following order:-

“6.In the result, these Writ Petitions are disposed of, directing the 2nd respondent in all the cases to consider the proposals sent by the 4th respondent schools, seeking to approve the appointment of the petitioners as Secondary Grade Teachers, in the light of the Division Bench Judgment in W.A(MD)Nos.639 of 2015 etc., dated 17.06.2015 and to pass order of approval, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are closed.”

4.The learned Counsel for the petitioner submits that despite the judgment

and order passed by this Court in W.P.(MD)No.22489 of 2016, dated

23.11.2016, the respondents have not complied with the directions of this Court

and they have wilfully and deliberately flouting the orders passed by this Court,

dated 23.11.2016. Thus, the learned Counsel submits that the respondents

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should be summoned 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 taken up, Mr.D.Sadiq Raja, learned

Additional Government Pleader, who accepted notice on behalf of the

respondents, in compliance of the order passed by this Court, dated 23.11.2016,

produced a compliance affidavit annexing an order, dated 09.07.2025, passed by

the second respondent and submits that the appointment of the petitioner on the

post of Secondary Grade Teacher was approved with effect from 20.04.2023 and

the entire arrears of salary was paid to the petitioner in full and she is getting

salary regularly without any break. This fact has been stated in paragraph No.6

of the compliance affidavit. The order passed by the second respondent, dated

09.07.2025, is taken on record. A copy of the order passed by the second

respondent has also been given to the learned Counsel for the petitioner. Thus,

the learned Additional Government Pleader submits that as the judgment and

order passed by this Court has been fully complied with by the respondents, the

respondents may be discharged from the present contempt proceedings and the

present Contempt Petition may be disposed of.

6.Ms.Kalpana, learned Counsel for the petitioner submits that she has

also received the copy of the order passed by the second respondent, dated

09.07.2025, and submits that the respondents have made complied with the

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judgment and order passed by this Court 23.11.2016 passed in W.P.(MD)No.

22489 of 2016. Thus, she submits that she has no objection that the

respondents may be discharged from the present contempt proceedings at this

stage and the Contempt Petition may be disposed of at this stage.

7.After considering the arguments, as advanced by the learned Counsel

for the parties and after perusal of the order passed by this Court in W.P.(MD)No.

22489 of 2016, dated 23.11.2016 and the order passed by the second

respondent, dated 09.07.2025, this Court is also satisfied that the respondents

have made fully complied with the directions issued by this Court and no useful

purpose will be served in continuing the present contempt proceedings any

further. Accordingly, the respondents are discharged from the present contempt

proceedings at this stage and the present Contempt Petition is disposed of at

this stage. The file is consigned to record. No order as to costs.

                     Index             :Yes / No                                              22.07.2025
                     Internet           :Yes / No
                     NCC                :Yes / No

                     cmr









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                     To

1.The Director of Elementary School Education, D.P.I. Compound, College Road, Chennai.

2.The District Elementary Educational Officer, Tirunelveli District, Tirunelveli, now designated as District Educational Officer (Elementary), Tenkasi District, Tenkasi.

3.The Assistant Elementary Educational Officer, Alangulam Range, Tirunelveli District.

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SHAMIM AHMED, J.

cmr

22.07.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/07/2025 01:22:07 pm )

 
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