Mrs.Kalaithamari, F/A. 46 Years v. K.Arivoli
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 04.07.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH Kalaithamarai ... Petitioner Vs 1.Mr.K.Arivoli Director of School Education, DPI Campus, College Road, Chennai - 600 006.
2.Mr.K.Pazhani Chief Educational Officer, Cuddalore District, Cuddalore.
3.Mr.D.Duraisamy District Educational Officer, Vridhachalam Educational District, Vridhachalam, Cuddalore District.
.... Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for they have committed the offence of contempt of court by willfully disobeying the order passed by this Hon'ble Court in W.P.No.1522 of 2020 dated 13-03-2023. Pg.No.1/4
For Petitioner : Mr.Nedunchezhiyan for Mr.R.Prabudoss For Respondent : Mr.M.Rajendiran Additional Government Pleader
O R D E R
Read this order in continuation of and in conjunction with orders dated 05.06.2024 and 26.06.2024 that read as follows:- 05.06.2024 "Respondent states that a belated appeal has been filed (e-filing no.LTN 2024 0001127 C 2024 00181) though the delay is yet to be condoned. Hence, there is no justification for non-compliance with the directions issued under order dated 13.03.2023.
2. In such circumstances, a final opportunity of three weeks' is given to comply with the order.
3. List on 26.06.2024."
.06.2024 "Despite a final opportunity having been granted to the respondents to comply with directions under order dated 13.03.2023, Mr.Rajendiran, learned Additional Government Pleader seeks some more time.
2. Hence, the respondents are granted time till 03.07.2024 to comply with the directions under order dated 13.03.2023, failing which all three respondents will be present in Court at 12 noon on 04.07.2024 or be secured.
3. List on 04.07.2024."
2. When the matter was called, Mr.M.Rajendiran, learned Additional Government Pleader would, yet again only re-argue the writ petition. However, Pg.No.2/4
since final opportunities have already been granted time and again for compliance, there is no question of entertaining any further representation in this regard. Hence, I had dictated orders to the effect that the respondents, who are present in the Court are admittedly guilty of contempt and would undergo punishment of being jailed for a day.
3. Even prior to this Court raising for lunch recess, the respondents produced a copy of proceedings in e/f/vz;/1242-M2-2020 dated 04.07.2024 to the effect that they have complied with the directions in order dated 13.03.2023.
4. If compliance could be effected within a period of 15 minutes, this Court is hard-pressed to understand why such compliance could not have been effected in time. The attitude of the respondents and their apparent lethargy and inclination to comply is deprecated. The fact that the proceedings have been issued at rocket speed after dictation of orders of punishment means nothing and, in fact, only emphasises the factum of contempt. The respondents will thus remit, conjointly, a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the Cancer Institute, Adyar, Chennai-600020 within a period of two (2) weeks from today and file a memo in the Registry.
Pg.No.3/4
Dr.ANITA SUMANTH,J.
5. Since the petitioner would confirm that the directions under order dated 13.03.2023 have been complied under proceedings in e/f/vz;/1242-M22020 dated 04.07.2024, this contempt petition is closed, subject to filing of memo as aforesaid. No costs.
04.07.2024 Index : Yes / No Speaking order mpl Note: Registry is directed to place the memo before me in chambers. Pg.No.4/4