High Court · 2025

Contempt Petition (MD)No.112 of 2023BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 01.07.2025CORAM:THE HONOURABLE MR.JUSTICE SHAMIM AHMEDContempt Petition (MD)No.112 of 2023InW.P.(MD)No.19141 of 2018M.Thamilvalavan,S/o.Late.Madaswamy,No.2/443, Jeyankondanilai,Keelavalavu (Via),Singampunari Taluk,Sivagangai District – 625 102.Petitioner/Petitioner Vs1.Mr.Shanmuganathan, The District Educational Officer, (Secondary Education), O/o.The District Educational Officer, Sivagangai, Sivagangai District.2.Mrs.Muthulakshmi Natchiyar, The Headmaster, Government Higher Secondary School, Eriyur – 639 566, Sivagangai District. Contemnors/Respondents 6 & 71/9 https://www.mhc.tn.gov.in/judis Contempt Petition (MD)No.112 of 2023PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to punish the Contemnors/Respondents 6 & 7 for willfully disobeying and not complying with the order passed by this Court in W.P(MD)No.19141 of 2018, dated 06.01.2022.For Petitioner : Mr.T.Lajapathi Roy Senior Counsel Assisted by, Mr.A.R.Rithik Sushil For Respondents: Mr.D.Sadiq Raja Additional Government PleaderORDERThis is a petition seeking initiation of contempt proceedings against the Respondents for alleged violation of the order dated 06.01.2022 passed by the Writ Court in W.P.(MD) No.19141 of 2018.2. Heard Mr.T.Lajapathi Roy, learned Senior Counsel, assisted by Mr.A.R.Rithik Sushil, appearing for the Petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader who accepts notice on behalf of the Respondents. 2/9 https://www.mhc.tn.gov.in/judis Contempt Petition (MD)No.112 of 20233. This Court vide order dated 25.06.2025 passed the following order:“3. In compliance with the order dated 24.06.2025, passed by this Court in the present contempt petition, Mr.S.Marimuthu, currently serving as District Educational Officer (Secondary Education) in the Office of the District Educational Officer, Sivagangai, and in-charge of Chief Educational Officer, Sivagangai, is present before this Court. He submits that the process is ongoing and that the judgment and order of the Writ Court dated 06.01.2022, passed in W.P.(MD) No. 19141 of 2018, will be complied with. Furthermore, he assures this Court that he will comply with the direction issued by this Court vide order dated 24.06.2025, regarding payment of simple interest at the rate of 9% per annum on the belated payment of the amount recovered from the Petitioner, from the date of the Writ Court's order till the actual payment. He confirms that the recovered amount, including the interest, will be paid to the petitioner on or before the next date fixed by this Court.3/9 https://www.mhc.tn.gov.in/judis Contempt Petition (MD)No.112 of 20234. Mr.D.Sadiq Raja, the learned Additional Government Pleader, assures this Court that the order of the Writ Court dated 06.01.2022, passed in W.P.(MD) No. 19141 of 2018, as well as the order passed by this Court on 24.06.2025, in the present contempt petition, will be complied with in spirit within a period of two days from today. He further assures the Court that Mr.S.Marimuthu, District Educational Officer (Secondary Education), Sivagangai and in-charge of Chief Educational Officer, Sivagangai, who is present before this Court, will take all necessary efforts to ensure compliance.5. On the assurance given by Mr.S.Marimuthu, District Educational Officer (Secondary Education), Sivagangai, and in-charge of Chief Educational Officer, Sivagangai, and by Mr.D.Sadiq Raja, the learned Additional Government Pleader, this court grants a last opportunity to the respondents to comply with the order of the Writ Court dated 06.01.2022, passed in W.P.(MD) No. 19141 of 2018, and the order passed by this Court on 24.06.2025, in the present contempt petition, within a period of two days from today. The respondents are directed to comply with the 4/9 https://www.mhc.tn.gov.in/judis Contempt Petition (MD)No.112 of 2023orders without fail and file an affidavit of compliance in this regard. Failing which, contempt proceedings shall be initiated against the contemnors. 6. Further, this Court, vide order dated 24.06.2025, in the interest of justice, directed the respondents to pay interest at the rate of 9% per annum on the belated payment of the amount recovered from the Petitioner, from the date of the Writ Court's order till the actual payment is made, considering the delay caused by the Respondents, shall be made on the next date fixed.7. Put up this case on 01.07.2025 “For Further Orders” before this Court.8. Let a copy of this order be given to Mr.D.Sadiq Raja, learned Additional Government Pleader for its necessary compliance and information to the Respondents.” 4. In compliance with the order dated 25.06.2025 passed by this Court in the present contempt petition, Mr.D.Sadiq Raja, learned Additional Government Pleader for the Respondents, produced an order dated 24.06.2025, passed by the Headmaster of Government Higher Secondary 5/9 https://www.mhc.tn.gov.in/judis Contempt Petition (MD)No.112 of 2023School, Thottilovanpatti, Virudhunagar District along with compliance affidavit and submits that the Respondents have fully complied with the order of the Writ Court dated 06.01.2022 passed in W.P.(MD)No.19141 of 2018. A copy of the said order has been taken on record and the same has been furnished to the learned counsel for the Petitioner. He further submits that the entire recovered amount along with the incentive increment to the tune of Rs. 5,35,475/- (Rupees Five Lakh Thirty Five Thousand Four Hundred and Seventy Five only) have been paid to the petitioner, and the statement from the State Bank of India finds place at page 8 of the paper book filed by the Respondents. Therefore, he prays that the Respondents may be discharged from the contempt proceedings. 5. Mr.T.Lajapathi Roy, learned Senior Counsel, assisted by Mr.A.R.Rithik Sushil, appearing for the Petitioner submits that he has received a copy of the order dated 24.06.2025 and submits that the direction issued by the Writ Court vide judgment and order dated 06.01.2022 passed in W.P.(MD)No.19141 of 2018 has been fully complied with. He also submits that the Petitioner has received the amount to the 6/9 https://www.mhc.tn.gov.in/judis Contempt Petition (MD)No.112 of 2023tune of Rs.5,35,475/- (Rupees Five Lakh Thirty Five Thousand Four Hundred and Seventy Five only) in his account. He further states that he has no objection to the Respondents being discharged from the contempt proceedings.6. Considering the submissions made by the learned counsel for the Petitioner and the learned Additional Government Pleader for the Respondents, and upon perusal of the order dated 24.06.2025 passed by the Headmaster of Government Higher Secondary School, Thottilovanpatti, Virudhunagar District and the compliance affidavit particularly in paragraph nos.7 to 9, this Court is satisfied that the Respondents have fully complied with the judgment and order of the Writ Court dated 06.01.2022 passed in W.P.(MD)No.19141 of 2018. In view of the same, this Court deems it appropriate that no useful purpose would be served by keeping the contempt proceedings pending. Therefore, the Respondents are discharged from the contempt proceedings.7/9 https://www.mhc.tn.gov.in/judis Contempt Petition (MD)No.112 of 20237. In view of the above, the Contempt Petition is disposed of. The file shall be consigned to record. There shall be no order as to costs. 01.07.2025NCC:yes/noIndex:yes/noInternet:yes/noNsrTo:1.The District Educational Officer, (Secondary Education), O/o.The District Educational Officer, Sivagangai, Sivagangai District.2.The Headmaster, Government Higher Secondary School, Eriyur – 639 566, Sivagangai District.8/9 https://www.mhc.tn.gov.in/judis Contempt Petition (MD)No.112 of 2023SHAMIM AHMED , J. NsrContempt Petition (MD)No.112 of 202301.07.20259/9