High Court · 2025

Contempt Petition (MD)No.1198 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 01.07.2025CORAM:THE HONOURABLE MR.JUSTICE SHAMIM AHMEDContempt Petition (MD)No.1198 of 2025InW.P.(MD)No.13628 of 2022Mariammal,W/o.Late Manoharan,18B, RMS Road,Nagal Nagar,Adianuthu,Nagainagar,Dindigul – 624 003.Petitioner/Petitioner VsMr.M.Sethuramu,The District Educational Officer,Paramakudi,Ramanathapuram District. Contemnor/3rd RespondentPRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to punish the Contemnor/3rd Respondent for willfully disobeying and not complying with the order passed by this Court in W.P(MD)No.13628 of 2022, dated 01.10.2024.1/8 https://www.mhc.tn.gov.in/judis Contempt Petition (MD)No.1198 of 2025For Petitioner : Mr.T.A.Ebenezer For Respondent: Mr.D.Sadiq Raja Additional Government PleaderORDERThis is a petition seeking initiation of contempt proceedings against the Respondent for alleged violation of the order dated 01.10.2024 passed by this Court in W.P.(MD) No.13628 of 2022.2. Heard Mr.T.A.Ebenezer, learned counsel for the Petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader who accepts notice on behalf of the Respondent. 3. This Court vide order dated 10.06.2025 passed the following order:“2. Mr.T.A.Ebenezer, learned counsel for the petitioner, submits that before the issuance of the impugned suspension order, the Petitioner was not issued with any charge memo and further, there was no specific complaint mentioned in the impugned 2/8 https://www.mhc.tn.gov.in/judis Contempt Petition (MD)No.1198 of 2025suspension order as alleged during the investigation. Aggrieved over the order of suspension, the Petitioner has filed a Writ Petition in W.P.(MD)No.13628 of 2022 and the learned Single Judge of this Court vide judgment and order dated 01.10.2024 disposed of the said Writ Petition. For better appreciation, the relevant portion of the order is reproduced below:“6. In view of the above, this writ petition stands dispose of with a direction to the third respondent to pass appropriate orders, on the inquiry report submitted by the Inquiry Officer, within a period of ten weeks from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petitions are closed. No costs. ”3. The learned counsel for the Petitioner further submits that despite the judgment and order passed by this Court dated 01.10.2024 in W.P.(MD)No.13628 of 2022, the Respondent has not complied with the directions of this Court and they have wilfully and deliberately flouting the orders passed by this Court. Thus, the learned counsel submits that the Respondent is in contempt and he may be summoned before this Court and punished for committing contempt by exercising the powers under Sections 11 and 12 of the Contempt of Courts Act, 1971.3/8 https://www.mhc.tn.gov.in/judis Contempt Petition (MD)No.1198 of 20254. Upon perusing the judgment and order passed by this Court dated 01.10.2024 in W.P.(MD)No.13628 of 2022 as well as the affidavit filed in support of the contempt petition, which states that the Respondent has not complied with the orders of this Court, this Court is of the view that the Respondent appears to have wilfully and deliberately disobeyed the order of this Court. Consequently, this Court deems it necessary to initiate proceedings against the Respondent for their alleged non-compliance with the said orders.5. Mr.D.Sadiq Raja, learned Additional Government Pleader for the Respondent, request time to ensure compliance with the judgment and order of the Writ Court dated 01.10.2024 in W.P.(MD)No.13628 of 2022. He also assure this Court that whatever order is passed by this Court will be fully complied with and requests ten days time to ensure compliance with the said order.6. In view of the assurance given by Mr.D.Sadiq Raja, learned Additional Government Pleader for the Respondent, this Court grants the Respondent a final opportunity to comply with the judgment and order of 4/8 https://www.mhc.tn.gov.in/judis Contempt Petition (MD)No.1198 of 2025this Court dated 01.10.2024 in W.P.(MD)No.13628 of 2022, without fail, within 10 days from today. The Respondent is directed to communicate the decision taken by them to the Petitioner and to file an affidavit of compliance in this regard within a period of 10 days from today. Failure to comply with the said order within the stipulated time frame will necessitate the Respondent's personal appearance before this Court on the next date fixed.7. Put up this case on 30.06.2025 “For Orders” before this Court.8. Let a copy of this order is given to Mr.D.Sadiq Raja, learned Additional Government Pleader for its necessary compliance and information to the Respondent.” 4. In compliance with the order dated 10.06.2025 passed by this Court in the present contempt petition, Mr.D.Sadiq Raja, learned Additional Government Pleader for the Respondent, produced an order dated 25.06.2025, passed by the Joint Director of School Educational (Personnel) Tamil Nadu, Chennai along with compliance affidavit and 5/8 https://www.mhc.tn.gov.in/judis Contempt Petition (MD)No.1198 of 2025submits that the Respondent has fully complied with the order of the Writ Court dated 01.10.2024 passed in W.P.(MD)No.13628 of 2022. A copy of the said order has been taken on record and the same has been furnished to the learned counsel for the Petitioner. Therefore, he prays that the Respondent may be discharged from the contempt proceedings. 5. Mr.T.A.Ebenezer, learned counsel for the Petitioner submits that he has received a copy of the order dated 25.06.2025 and submits that the direction issued by the Writ Court vide judgment and order dated 01.10.2024 passed in W.P.(MD)No.13628 of 2022 has been fully complied with. He further states that he has no objection to the Respondent 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 Respondent, and upon perusal of the order dated 25.06.2025 passed by the Joint Director of School Educational (Personnel) Tamil Nadu, Chennai along with the compliance affidavit, this Court is satisfied that the 6/8 https://www.mhc.tn.gov.in/judis Contempt Petition (MD)No.1198 of 2025Respondent has fully complied with the judgment and order of the Writ Court dated 01.10.2024 passed in W.P.(MD)No.13628 of 2022. 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 Respondent is discharged from the contempt proceedings.7. 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:The District Educational Officer,Paramakudi,Ramanathapuram District.7/8 https://www.mhc.tn.gov.in/judis Contempt Petition (MD)No.1198 of 2025SHAMIM AHMED , J. NsrContempt Petition (MD)No.1198 of 202501.07.20258/8