Madras High Court
A.Thangaleethial Selvapackiam vs Mr.Anto Ruban on 3 July, 2025
Contempt Petition (MD)No.1435 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
Contempt Petition (MD)No.1435 of 2025
In
W.P.(MD)No.22139 of 2017
A.Thangaleethial Selvapackiam,
Korampallam – 628 101,
Thoothukudi District. Petitioner/Petitioner
Vs
1.Mr.Anto Ruban,
District Elementary Educational Officer,
Now District Educational Officer, (Elementary),
Pudukottai,
Thoothukudi District.
2.Mrs.M.Dhanalakshmi,
Additional Assistant Elementary Educational Officer,
Now Block Educational Officer,
Pudukottai,
Thoothukudi District.
3.Mr.B.Chandra Mohan,
Secretary,
School Education Department,
Secretariat,
Chennai.
1/7
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Contempt Petition (MD)No.1435 of 2025
4.Mr.S.Kannappan,
Director of Elementary Education,
Chennai. Contemnors/Respondent 1, 2, 4 & 5
PRAYER: Contempt Petition is filed under Section 11 of Contempt of
Courts Act, to punish the Contemnors/Respondents for willfully
disobeying and not complying with the order passed by this Court in
W.P(MD)No.22139 of 2017, dated 23.10.2024.
For Petitioner : Mr.V.Panneer Selvam
For Respondents : Mr.D.Sadiq Raja
Additional Government Pleader
ORDER
This is a petition seeking initiation of contempt proceedings
against the Respondent for alleged violation of the order, dated 23.10.2024
passed by the Writ Court in W.P.(MD)No.22139 of 2017.
2. Heard Mr.V.Panneer Selvam, learned counsel, for the Petitioner
and Mr.D.Sadiq Raja, learned Additional Government Pleader, who
accepts notice on behalf of the Respondents. Therefore, no further notice is
required to be issued to the Respondents.
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Contempt Petition (MD)No.1435 of 2025
3. The Contempt Petition has been filed for non compliance of the
judgment and order passed by the Writ Court in W.P.(MD)No.22139 of
2017 dated 23.10.2024 and the learned Single Judge of this Court
disposed of the said Writ Petition in the following terms:
“5. For the foregoing reasons, this Court
directs the third respondent school to submit a
fresh proposal, seeking for approval for the
appointment of the petitioner as Pre-Vocational
Instructor in Sewing from the date of appointment
i.e., from 12.07.2010, to the first respondent
through the second respondent within a period of
four weeks from the date of receipt of a copy of
this order. On receipt of the said proposal, the
first respondent shall pass final orders on merits
and in accordance with law, in the light of the
well settled law that the post of Pre-Vocational
Instructor in Sewing is a single cadre post and
cannot be treated as surplus, within a period of
twelve weeks thereafter.
6. With the aforesaid direction, this writ
petition is disposed of. No costs. ”
4. Today, when the matter was taken up, Mr. D. Sadiq Raja, learned
Additional Government Pleader for the Respondents, filed an affidavit of
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Contempt Petition (MD)No.1435 of 2025
compliance along with the order dated 02.03.2025 passed by the 1st
Respondent/District Educational Officer (Elementary), Pudukottai,
Thoothukudi District. He submitted that the Petitioner's claim was rejected
in accordance with law, based on the relevant legal principles. Thus, he
submits that the Respondents have complied with the order of the Writ
Court dated 23.10.2024 passed in W.P.(MD)No.22139 of 2017. A copy of
the said order has been taken on record and the same has been furnished to
the learned counsel for the Petitioner. Therefore, he prays that the
Respondents may be discharged from the contempt proceedings.
5. Mr.V.Panneer Selvam, learned counsel for the Petitioner submits
that he has received a copy of the order dated 02.03.2025 along with
compliance affidavit, wherein the Respondent has decided the Petitioner's
claim, albeit rejecting it. He further submits that if the Petitioner is
aggrieved by the said order, he may be permitted to challenge it before the
competent Court of law. The learned counsel states that he has no
objection to the Respondents being discharged from the contempt
proceedings.
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Contempt Petition (MD)No.1435 of 2025
6. Considering the submissions made by the learned counsel for the
Petitioner and the learned Additional Government Pleader for the
Respondents, and upon perusal of the order dated 02.03.2025, passed by
the 1st Respondent/District Educational Officer (Elementary), Pudukottai,
Thoothukudi District, this Court is satisfied that the Respondents have
fully complied with the judgment and order of the Writ Court dated
23.10.2024 passed in W.P.(MD)No.22139 of 2017. In view of the same,
this Court deems it appropriate that no useful purpose would be served by
keeping the contempt proceedings pending. Therefore, the Respondents are
discharged from the contempt proceedings.
7. In view of the above, the Contempt Petition is disposed of with
liberty to the Petitioner to challenge the order dated 02.03.2025 before the
competent Court of law, if he is so aggrieved. The file shall be consigned
to record. There shall be no order as to costs.
03.07.2025
Nsr
Index:Yes/No
Web:Yes/No
Speaking/Non Speaking
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Contempt Petition (MD)No.1435 of 2025
To:
1.The District Elementary Educational Officer,
Now District Educational Officer, (Elementary),
Pudukottai,
Thoothukudi District.
2.The Additional Assistant Elementary Educational Officer,
Now Block Educational Officer,
Pudukottai,
Thoothukudi District.
3.The Secretary,
School Education Department,
Secretariat,
Chennai.
4.The Director of Elementary Education,
Chennai.
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Contempt Petition (MD)No.1435 of 2025
SHAMIM AHMED, J.
Nsr
Contempt Petition (MD)No.1435 of 2025
03.07.2025
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