Vijayalakshmi, v. Mr. M.S.Prasanth, Ias., And Another
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-06-2025
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND CONT P NO. 1274 of 2025 AND SUB APPL NO. 702 OF 2025 Vijayalakshmi, W/o. Mathaiyan, Mariamman Kovil Street, Pilrampattu, Ulundurpet, Villupuram District. (Presently Kallakurichi District) Petitioner(s) Vs 1.Mr. M.S.Prasanth, IAS., The District Collector, O/o. District Collector, Kallakurichi District.
2.Mrs. Jayanthi, The Child Development Project Officer, Child Development Project Office, Ulundurpet Taluk, Kallakurichi District Contemnor(s) PRAYER: Contempt Petition filed Under Section 11 of the Contempt of Courts Act, 1971, pleased to punish the respondents for having violated the order passed in WP No.29583 of 2018 dated 18.12.2023.
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For Petitioner(s):
M/s. R.Thirumoorthy For Contemnor(s):
Mr. M.Sureshkumar, AAG assisted by Ms.S.Anitha, Sl.G.P for RR1 & 2 Mr.R.Muniyapparaj, Addl.Public Prosecutor for for Superintendent of Police, Kallakurichi District
ORDER
This Petition has been filed seeking to punish the respondents for having violated the order passed in WP No.29583 of 2018 dated 18.12.2023.
2. By order, dated 18.12.2023, while disposing the Writ Petition, the respondents therein have been directed to provide appointment to the petitioner for the post of Noon Meal Organizer in the light of G.O.Ms.No.110, Social Welfare and Nutritious Meal Programme(SW7) Department, within a period of 12 weeks from the date of receipt of a copy of the order. Complaining willful disobedience of the said order, the present case has been filed.
3. This case was adjourned several times and the learned counsel for the respondents sought time to report compliance. As the report of compliance was not placed on 13.06.2025, considering the request of the learned counsel for the 2/6
respondents, once again time was extend till 16.06.2025 and it was made clear that if the order is not complied with by that date, the respondents shall present before this Court on 16.06.2025.
4. On 16.06.2025, though the second respondent was present before this Court, the first respondent failed to represent before this Court and compliance report was also not filed. Nobody filed vakalath for the respondents also. Under those circumstances, considering the facts and circumstances of the case, this Court issued warrant against the first respondent. The said warrant was executed by the concerned Police Officials and they filed a report dated 21.06.2025. It is placed on record.
5. As per the undertaking given by the first respondent at the time of execution of the warrant, he is now present before this Court. 6.Mr.M.Suresh Kumar, learned counsel for the respondents would submit that the order of the Court is complied with by issuing proceedings dated 18.06.2025 appointing the petitioner as per the directions of the Court as Noon Meal Organizer and she also joined duty in the said post on 19.06.2025. He further submits that there was a delay of one year in implementing the order of this Court 3/6
since the order of the Court came to the knowledge of the first respondent only on 13.06.2025 and thereafter, immediately, he instructed the concerned authority to implement the Court orders.
7. But this Court is not inclined to accept that the delay occurred in implementing the order of the Court as bonafide. Though the first respondent is not having knowledge about the order of this Court, the second respondent, who represents the concerned Department who was aware of the order of this Court, should have passed the order in compliance to the order of this Court. It is their duty to bring to the knowledge of the first respondent. It appears there are some lapses in administration level to implement the order of the Court. 8.The learned counsel for the respondents further submits that against the order of the learned Single Judge, a Writ Appeal was filed and it is pending at the stage of consideration of the delay condonation petition. 9.The respondents present before this Court and submit that the delay caused in implementing the order of this Court is due to lack of information and they tendered their unconditional apology for the delay caused and assured that they will be more careful in future in implementing the Court orders. 4/6
10. Considering their request, this Court is satisfied that their unconditional apology is bonafide and the same is accepted. 11.In view of the above factual position, this Contempt Petition is closed instructing the respondents to be more careful and vigilant in implementing the Court orders in future.
12.As the warrant is executed, no further orders are required in Sub Appln. No.702 of 2025. Accordingly, Sub Appln. No.702 of 2025 is dismissed as infructuous.
23.06.2025 dn To
1. Mr. M.S.Prasanth, IAS., The District Collector, O/o. District Collector Office, Kallakurichi District.
2. Mrs. Jayanthi, The Child Development Project Officer, Child Development Project Office, Ulundurpet Taluk, Kallakurichi District 5/6
BATTU DEVANAND, J.
dn Cont.P.No.1274 of 2025 23.06.2025 6/6