Citation : 2025 Latest Caselaw 4721 Mad
Judgement Date : 11 June, 2025
CONT.P(MD)No.1153 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.06.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CONT.P(MD)No.1153 of 2025
T.Mary Helen Selvi ... Petitioner
vs.
Sherlin Vimal
District Educational Officer,
Kuzhithurai at Marthandam,
Kanyakumari District-629 175. ... Respondent
PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court
to punish the contemnor/third respondent for his wilful disobedience of the
order made in W.P.(MD)No.14213 of 2017 dated 02.09.2024.
For Petitioner :Mr.S.Arun
for Mr.S.C.Herold Singh
For Respondents :Mr.D.Sadiq Raja
*****
ORDER
This is a petition seeking initiation of contempt proceedings against the
respondent for violation of the order, dated 02.09.2024 passed by this Court
in W.P.(MD)No.14213 of 2017.
2.Heard Mr.S.Arun, learned Counsel representing Mr.S.C.Herold
Singh, learned Counsel for the petitioner and Mr.D.Sadiq Raja, learned
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Additional Government Pleader for the respondent.
3.The Co-ordinate Bench of this Court, vide order, dated 02.09.2024 in
W.P.(MD)No.14213 of 2017, had passed the following order:-
“5.Accordingly, the impugned order dated 29.04.2017 passed by the third respondent returning the fourth respondent school’s proposal seeking for approval for the appointment of the petitioner to the post of Craft Teacher is quashed and the matter is remanded back to the third respondent for fresh consideration, on merits and in accordance with law. The third respondent is directed to pass final orders, after giving due consideration to the contentions raised by the petitioner in this writ petition as well as the contentions raised in the counter affidavit filed in this writ petition, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner is also permitted to file written submissions to the third respondent and the third respondent shall also consider the same and thereafter, pass final orders. This writ petition is disposed of. 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.14213 of 2017,
dated 02.09.2024, the respondent had not complied with the directions of this
Court and they have wilfully and deliberately flouting the orders passed by
this Court, dated 02.09.2024. Thus, the learned Counsel submits that the
respondent should be summoned and punished for committing contempt by
exercising the powers under Sections 11 and 12 of the Contempt of Courts
Act, 1971.
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5.Today, when the matter is taken up, Mr.D.Sadiq Raja, learned
Additional Government Pleader, who accepted notice on behalf of the
respondent, in compliance of the order passed by this Court, dated
02.09.2024, produced an order, dated 16.04.2025 passed by the respondent.
The order passed by the respondent, dated 16.04.2025 is taken on record. A
copy of the order passed by the 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 respondent, the respondent may be
discharged from the present contempt proceedings and the present Contempt
Petition may be disposed of.
6.Mr.S.Arun, learned Counsel for the petitioner submits that he also
received the copy of the order passed by the respondent, dated 16.04.2025,
and on perusing the order of the respondent, he submits that some other
points raised by the petitioner has not been considered and that he may be
given some liberty to challenge the same before the competent Court of law
and he has no objection that the present Contempt Petition may be disposed
of.
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
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W.P.(MD)No.14213 of 2017, dated 02.09.2024 and the order passed by the
respondent, dated 16.04.2025, this Court is also satisfied that the respondent
had 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 respondent is discharged from the present contempt
proceedings at this stage and the present Contempt Petition is disposed of. If
the petitioner is aggrieved by the order passed by the respondent, dated
16.04.2025, he may challenge the same before the competent Court of law.
The file is consigned to record. No order as to costs.
Index :Yes / No 11.06.2025
Internet :Yes / No
NCC :Yes / No
cmr
To
The District Educational Officer,
Kuzhithurai at Marthandam,
Kanyakumari District-629 175.
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SHAMIM AHMED, J.
cmr
11.06.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 01:23:40 pm )
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