Madras High Court
F.Francis Manoharan vs N.Kannan on 18 March, 2025
CONT.P(MD)No.50 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CONT.P(MD)No.50 of 2025
F.Francis Manoharan ... Petitioner
vs.
N.Kannan,
District Educational Officer (i/c),
(Secondary Education),
Thoothukudi, Thoothukudi District.
Earlier
The District Educational Officer,
Thoothukudi, Thoothukudi District. ... Respondent
PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court
to punish the respondent herein for their deliberate and wilful disobedience of
the order of this Court, dated 25.02.2021 in Writ Petition (MD)No.3654 of
2021
For Petitioner :Ms.A.Amala
For Respondent :Mr.F.Deepak
Special Government Pleader
*****
ORDER
Heard Ms.A.Amala, learned Counsel for the petitioner and
Mr.F.Deepak, learned Special Government Pleader for the respondent.
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2.This is a petition seeking initiation of contempt proceedings against
the respondent for violation of the order, dated 25.02.2021 passed by this
Court in W.P.(MD)No.3654 of 2021.
3.The Writ Petition filed by the petitioner bearing W.P.(MD)No.3654 of
2021 was disposed of by this Court by order, dated 25.02.2021, with a
direction to the respondent to consider the representation of the petitioner
seeking incentive increment and pass orders on merits. The learned Counsel
for the petitioner submits that as the judgment and order passed by this Court,
dated 25.02.2021, was not complied with, being no alternative, the petitioner
has filed the present Contempt Petition with a prayer that the respondent had
deliberately and wilfully flouted the judgment and order passed by this Court
and thus, he should be summoned and punished for committing contempt of
Court by exercising the powers under Sections 11 and 12 of the Contempt of
Court Act.
4.Today, when the matter is being taken up, Mr.F.Deepak, learned
Special Government Pleader produced a compliance affidavit annexing the
copy of the order passed by the respondent, dated 07.03.2025 by which, he
submits that the respondent had made fully complied with the directions
issued by this Court and the petitioner was granted incentive increment for
possessing higher educational degree. The compliance affidavit annexing the
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order passed by the respondent, dated 07.03.2025 is taken on record. The
copy of the compliance affidavit has also been given to the learned Counsel
for the petitioner. Thus, the learned Special 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.
5.Ms.A.Amala, learned Counsel for the petitioner submits that she also
received the compliance affidavit along with the order passed by the
respondent, dated 07.03.2025 and on perusing the order of the respondent,
dated 07.03.2025, she submits that the incentive increment has not been
made as per the directions issued by this Court and only a lump sum amount
has been paid to the petitioner. She submits that if the petitioner is not
satisfied with order passed by the respondent, after taking legal advise, the
petitioner will challenge the order of the respondent. She further submits that
she has no objection, if the respondent is discharged from the contempt
proceedings at this stage and the Contempt Petition may be disposed of.
6.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.3654 of 2021, dated 25.02.2021 and the order passed by the
respondent, dated 07.03.2025, this Court is also satisfied that the respondent
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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 07.03.2025, 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 18.03.2025
Internet :Yes / No (1/3)
NCC :Yes / No
cmr
To
The District Educational Officer (i/c),
(Secondary Education),
Thoothukudi, Thoothukudi District.
Earlier
The District Educational Officer,
Thoothukudi, Thoothukudi District.
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SHAMIM AHMED, J.
cmr
18.03.2025
(1/3)
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