Citation : 2025 Latest Caselaw 5060 Mad
Judgement Date : 19 June, 2025
CONT.P(MD)No.381 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.06.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CONT.P(MD)No.381 of 2023
The Correspondent,
St.Aloysius Girls Higher Secondary School,
Thoothukudi – 628 001,
Thoothukudi District. ... Petitioner
-vs.-
1.The Director of School Education,
College Road, Chennai – 600 006,
Now As,
K.Nandhakumaran,
Commissioner of School Education,
College Road, Chennai – 600 006.
2.Balathandauthapani,
Chief Educational Officer,
Thoothukudi, Thoothukudi District.
3.S.Tamilselvi,
District Educational Officer,
Thoothukudi, Thoothukudi District. ... Respondents
PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to
punish the respondent herein for her wilful and deliberate disobedience of the
order of this Court, dated 02.09.2022 in Writ Petition (MD)No.17405 of 2022
under Article 215 of the Constitution of India read with Section 11 of the
Contempt Courts Act, 1971.
For Petitioner :Mr.K.Prabhu
For Respondents :Mr.D.Sadiq Raja
Additional Government Pleader
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CONT.P(MD)No.381 of 2023
ORDER
This is a petition seeking initiation of contempt proceedings against the
respondents for violation of the order, dated 02.09.2022 passed by this Court in
W.P.(MD)No.17405 of 2022.
2.Heard Mr.K.Prabhu, 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 02.09.2022 in
W.P.(MD)No.17405 of 2022, had passed the following order:-
“Accordingly, the impugned order dated Nil.07.2021, on the file of the fourth respondent is quashed. Consequently, there shall be a direction to the concerned Educational Authorities to forthwith pass orders, approving the appointment of Mrs.S.Selvarani, to the post of P.G.Assistant (Economics) in the petitioner school with effect from 01.06.2018, together with all service and monetary benefits within a 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.17405 of 2022, dated
02.09.2022, 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 02.09.2022. Thus, the learned Counsel submits that the respondents
should be summoned and punished for committing contempt by exercising the
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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 02.09.2022,
produced an order, dated 26.06.2023 passed by the second respondent. The
order passed by the second respondent, dated 26.06.2023 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.Mr.K.Prabhu, learned Counsel for the petitioner submits that he also
received the copy of the order passed by the second respondent, dated
26.06.2023 and submits that the order passed by this Court W.P.(MD)No.17405
of 2022, dated 02.09.2022, has been fully complied with. He further submits that
he has no objection that the respondents may be discharged from the present
contempt proceedings and the Contempt Petition may be disposed of
accordingly.
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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.
17405 of 2022, dated 02.09.2022 and the order passed by the second
respondent, dated 26.06.2023, 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 and the present Contempt Petition is disposed of. The file is
consigned to record. No order as to costs.
Index :Yes / No 19.06.2025
Internet :Yes / No (2/4)
NCC :Yes / No
cmr
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To
1.The Director of School Education,
College Road, Chennai – 600 006,
Now As,
The Commissioner of School Education,
College Road, Chennai – 600 006.
2.The Chief Educational Officer,
Thoothukudi, Thoothukudi District.
3.The District Educational Officer,
Thoothukudi, Thoothukudi District.
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SHAMIM AHMED, J.
cmr
19.06.2025
(2/4)
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