Madras High Court
D.Mary Samathanam vs Subramanian on 14 March, 2025
CONT.P(MD)No.1233 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CONT.P(MD) No.1233 of 2021
D.Mary Samathanam ... Petitioner
vs.
Subramanian
The District Educational Officer,
Aruppukottai,
Virudhunagar District. ... Respondent
PRAYER: Contempt Petition filed under Section 11 of the Contempt of
Court to punish the respondent for wilful disobedience of the order of
this Court in W.P.(MD) No.5894 of 2021 dated 25.03.2021.
For Petitioner :Mr.T.Pon Ramkumar
For Respondent :Mr.F.Deepak
Special Government Pleader
ORDER
This Contempt Petition has been filed with the prayer that the
respondent has not complied with the judgment and order passed by this
Court in W.P.(MD)No.5894 of 2021, dated 25.03.2021.
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2.Heard Mr.T.Pon Ramkumar, learned counsel for the petitioner
and Mr.F.Deepak, learned Special Government Pleader for the
respondent.
3.This Court, vide judgment and order dated 25.03.2021, had
disposed of the said writ petition with the following directions:-
“4.In this background the 3rd respondent herein is granted
liberty to re-present the application to the 2nd respondent seeking
for extension of service and monetary benefits insofar as the
petitioner herein is concerned and the 2nd respondent shall
consider the same on its own merits without reference to her
failure to qualify in the TET and pass appropriate orders within a
period of twelve weeks therefrom. ”
4.The learned counsel for the petitioner submits that challenging
the judgment and order dated 25.03.2021, the respondent has preferred
an appeal bearing W.A.(MD) No.292 of 2022 along with connected Writ
Appeals before this Court, which was dismissed by the Division Bench
of this Court, vide judgment and order dated 29.10.2024. Thus, he
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submits that in spite of the dismissal of the Writ Appeal, the respondent
has to comply with the directions issued by this Court in W.P.(MD) No.
5894 of 2021, dated 25.03.2021, but he has wilfully and deliberately
flouted the order passed by this Court and is in contempt of the order of
this Court dated 25.03.2021. Thus, he submits that the respondent 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.F.Deepak, learned
Special Government Pleader for the respondent has produced an order
passed by the respondent dated 14.03.2025, in which it has been stated
that the judgment and order passed in W.P.(MD)No.5894 of 2021 and in
W.A.(MD) No.292 of 2022 etc., dated 25.03.2021 and 29.10.2024
respectively has been complied with. A copy of the order dated
14.03.2025 has been produced before this Court, which is on record and
a copy of the same has also been given to the learned counsel for the
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petitioner. It was further submitted that the petitioner was given the entire
benefit, as per the directions of this Court dated 25.03.2021. Thus, he
submits that the respondent may be discharged from the present contempt
proceedings, as the judgment and order of this Court dated 25.03.2021
and 29.10.2024 has been fully complied with by the respondent, vide
order dated 14.03.2025.
6.Mr.T.Pon Ramkumar, learned counsel for the petitioner submits
that after the dismissal of the Writ Appeal bearing W.A.(MD) No.292 of
2022 etc., the respondent has passed the order dated 14.03.2025,
complying with the judgment and order passed by this Court, dated
25.03.2021 and the petitioner was given the benefit, as per the directions
issued by this Court. Thus, he submits that he has no objection if the
respondent is discharged from the present contempt proceedings, as the
judgment and order of this Court in W.P.(MD) No.5894 of 2021, dated
25.03.2021 and in W.A.(MD) No.292 of 2022 etc., dated 29.10.2024 has
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been fully complied with by the respondent, vide order dated 14.03.2025
and the present Contempt Petition may also be disposed of.
7.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.5894 of 2021, dated 25.03.2021 and W.A.(MD) No.292 of
2022, dated 29.10.2024 and after perusal of the order passed by the
respondent, dated 14.03.2025, this Court satisfied that the direction
issued by this Court in W.P.(MD) No.5894 of 2021, dated 25.03.2021 and
in W.A.(MD) No.292 of 2022 etc dated 29.10.2024, has been fully
complied with by the respondent and there is no justification in
continuing the present contempt proceedings against the respondent.
8.Accordingly, the Contempt Petition is finally disposed of and the
respondent is discharged from the present contempt proceedings. No
costs. The file is consigned to record.
Index :Yes / No 14.03.2025
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Internet :Yes / No
To
The District Educational Officer,
Aruppukottai,
Virudhunagar District.
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SHAMIM AHMED, J.
mm
14.03.2025
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