Madras High Court
The Correspondent vs A.Pugazhendhi on 8 July, 2025
CONT.P(MD)No.853 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.07.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CONT.P(MD) No.853 of 2023
in
W.P.(MD) No.18866 of 2019
The Correspondent,
St.John Vianney's Girls,
Higher Secondary School,
Palliyadi 629 169,
Kanyakumari District. ... Petitioner
vs.
1.A.Pugazhendhi,
The Chief Educational Officer,
Nagercoil, Kanyakumari District.
2.S.K.Ravichandran,
The District Educational Officer,
Marthandam, Kanyakumari District
Previously
The District Educational Officer,
Kuzhithurai,
Kanyakumari District. ... Respondents
PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court
to punish the contemnors/respondents herein for his deliberate and wilful
disobedience of the order of this Court, dated 02.09.2022 in W.P.(MD) No.
18866 of 2019 under Article 215 of the Constitution of India read with Section
11 of the Contempt of Courts Act, 1971.
1/8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/07/2025 02:09:09 pm )
CONT.P(MD)No.853 of 2023
For Petitioner :Mr.K.Ragatheesh Kumar for
M/S.Isaac Chambers
For Respondents :Mr.D.Sadiq Raja
Additional Government Pleader
ORDER
This Contempt Petition has been filed with the prayer that the
respondents/contemnors have not complied with the judgment and order
passed by this Court in W.P.(MD) No.18866 of 2019, dated 02.09.2022.
2.Heard Mr.K.Ragatheesh Kumar for M/S.Isaac Chambers appearing
for the petitioner and Mr.D.Sadiq Raja, learned Additional Government
Pleader, for the Respondents.
3.The Co-ordinate Bench of this Court in a bunch of writ petitions, in
which, the main writ petition number is W.P.(MD) No.6340 of 2018, vide
judgment and order dated 02.09.2022, had passed the following order in W.P.
(MD) No.18866 of 2019:-
“Accordingly, the impugned order dated 15.10.2018, on the file
of the third respondent is quashed. Consequently, there shall be a
direction to the concerned Educational Authorities to forthwith pass
orders, approving the appointment of J.Jaspin Reena, to the post of
B.T.Assistant (Social Science), in the petitioner school with effect from
21.08.2018, together with all service and monetary benefits, within a
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/07/2025 02:09:09 pm )
period of four (4) weeks, from the date of receipt of a copy of this
order.”
4.The learned counsel for the petitioner submits that despite the
judgment and order passed by this Court in W.P.(MD)No.18866 of 2019,
dated 02.09.2022, the respondents have not complied with the directions of
this Court. Thus, being no other alternative, the present Contempt Petition
has been filed with the prayer that the respondents/contemnors have wilfully
and deliberately flouted the order passed by this Court and are in contempt of
the judgment and order of this Court dated 02.09.2022. Thus, they should be
summoned and punished 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 for the respondents submits that challenging
the judgment and order, dated 02.09.2022, the respondents have preferred
an appeal in W.A.(MD) No.1580 of 2023, before this Court, which was
allowed by the Hon'ble Division Bench of this Court, vide judgment and order,
dated 20.11.2023 with the following terms:-
“39. In view of the fact that eligibility of the teaching staff is
also to be scrutinized, the matter is remanded back to the authority
concerned for fresh consideration. It is open to the respondent –
School to produce all the relevant documents and Judgments to
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/07/2025 02:09:09 pm )
establish their case before the authority concerned, who in turn
shall consider the same and pass appropriate orders on merits and
in accordance with law.
40. Therefore, the matter is remitted back to the competent
authorities for passing fresh orders. Such an exercise is directed to
be completed within a period of twelve (12) weeks from the date of
receipt of a copy of this order. The respondent is at liberty to
submit fresh representations or documents, if any, in the
meanwhile. Consequently, the order passed by the learned Single
Judge in W.P.(MD).No.18866 of 2019, dated 02.09.2022 and the
impugned orders in the Writ proceedings are set aside and the Writ
Appeal stands allowed. No costs. Consequently, connected
miscellaneous petition is closed. ”
6.It was further submitted that in compliance of the judgment and order
passed in W.A.(MD) No.1580 of 2023, dated 20.11.2023, the first
respondent/the Chief Educational Officer, Kanyakumari, has considered the
claim and grievances of the petitioner and vide order dated 13.05.2025, has
rejected the claim of the petitioner on merits and in accordance with law. In
this regard, he filed an affidavit of compliance of the first respondent, dated
08.07.2025, annexing a copy of the decision taken by the first respondent,
dated 13.05.2025. In paragraph No.8 of the compliance affidavit, the
aforesaid fact has been clearly stated, which reads as under:-
“8. In obedience to the order made in W.A.(MD) No.1580 of
2023 dated 20.11.2023, the Chief Educational Officer, Kanyakumari
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/07/2025 02:09:09 pm )
vide proceedings dated 13.05.2025 made in Na.Ka.No.
7885/Aal/2019 considered the claim of the petitioner on merits in
accordance with law thereby rejected the same. Thus the order
passed by this Hon'ble Court has been complied in letter and spirit.”
7.Thus, the learned Additional Government Pleader submits that the
judgment and order passed by this Court in W.P.(MD)No.18866 of 2019,
dated 02.09.2022 and in W.A.(MD) No.1580 of 2023, dated 20.11.2023 has
been fully complied with. Thus, he submits that the respondents may be
discharged from the present contempt proceedings, as the judgment and
order of this Court dated 02.09.2022 and 20.11.2023 has been fully complied
with, vide order dated 13.05.2025.
8.The compliance affidavit filed by the first respondent, dated
08.07.2025 is taken on record and a copy of the same has also been given to
the learned counsel for the petitioner.
9.Mr.K.Ragatheesh Kumar for M/S.Isaac Chambers appearing for the
petitioner submits that he received a copy of the compliance affidavit filed by
the first respondent, dated 08.07.2025 along with a copy of the decision taken
by him on 13.05.2025, by which, the claim of the petitioner has been rejected
by way of a reasoned and a speaking order. Thus, he submits that he may be
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/07/2025 02:09:09 pm )
given liberty to challenge the aforesaid order before the competent Court of
law. It was further submitted that as the order has been communicated to the
petitioner, he has no objection if the respondents are discharged from the
present contempt proceedings and the present Contempt Petition may also
be disposed of.
10.Accordingly, in view of the submissions made by the learned
counsel for the parties, after perusal of the judgment and order passed in
W.P.(MD) No.18866 of 2019, dated 02.09.2022 and in W.A.(MD) No.1580 of
2023, dated 20.11.2023 and the compliance affidavit filed by the first
respondent, dated 08.07.2025, annexing a copy of the decision taken by the
first respondent, dated 13.05.2025, this Court is satisfied that the direction
issued by this Court in W.P.(MD) No.18866 of 2019, dated 02.09.2022 and in
W.A.(MD) No.1580 of 2023, dated 20.11.2023 has been fully complied with by
the respondents and no useful purpose will be served in continuing with the
present contempt proceedings against the respondents.
11.Accordingly, the Contempt Petition is finally disposed of with liberty
to the petitioner to challenge the aforesaid order of the first respondent, dated
13.05.2025, by which, the petitioner's claim was rejected by way of a
reasoned and a speaking order, before the competent Court of law, if he is
aggrieved by the decision taken by the respondents and the respondents are
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/07/2025 02:09:09 pm )
discharged from the present contempt proceedings. The file is consigned to
record. No costs.
Index :Yes / No 08.07.2025
Internet :Yes / No
mm
To
1.The Chief Educational Officer,
Nagercoil, Kanyakumari District.
2.The District Educational Officer,
Marthandam, Kanyakumari District
Previously
The District Educational Officer,
Kuzhithurai,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/07/2025 02:09:09 pm )
SHAMIM AHMED, J.
mm
08.07.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/07/2025 02:09:09 pm )
