M.Ganesan v. R.Madhan Kumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 09.04.2025 Pronounced on : 28.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND Cont.P.(MD)No.265 of 2025 in W.P.(MD)No.9406 of 2024 M.Ganesan ... Petitioner / Petitioner Vs.
R.Madhan Kumar, The Chief Educational Officer, Virudhunagar District. ... Contemnor/Respondent PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to pleased to call the Contemnor for having Willfully and wantonly disobeyed the order passed by this Honourable Court in WP(MD) No. 9406 of 2024 dated 17-04-2024 and punish the contemnor in accordance with law.
For Petitioner : Mr.G.Thiruvarutselvan For Respondent : Mr.T.Amjadkhan
O R D E R
While allowing a writ petition in WP(MD)No.9406 of 2024 on 17.04.2024, this Court issued the following direction: "The second respondent is directed to consider and pass order regarding the approval of appointment of the petitioner as B.T. Assistant (Mathematics) in the fifth respondent School w.e.f 13.08.2019. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order"
2. Complaining the disobedience on the part of the respondent in implementing the said order, the present contempt petition is filed.
3. The respondent filed a counter affidavit, wherein it is stated that he implemented the order of this Court. However, he admitted that there is a delay in implementing the order of the Court.
4. Considering the facts and circumstances of the case, in the considered opinion of this court, the order of the Court is not complied
with in true letter and spirt as it is not implemented within the time stipulated by this Court and as such, the respondent is liable to be punished under the provisions of the Contempt of Court Act.
5. At this stage, the contemnor prayed the Court to pardon him. He also assured to be more careful in future in implementing the court's order and tendered his unconditional apology.
6. The contemnor also filed an undertaking affidavit stating that he will implement the orders without delay in future and tendered his unconditional apology. It is further stated that to prove his unconditional apology as bonafide, he is ready to do some social work as this Court deems fit.
7. He expressed his willingness to visit the premises of SAKSHAM, Sivananda Sevasram Campus, 12/7, Austinpatti Road, Sivananda Nagar, Thoppur, Madurai-625 008 (Ph.No.+919884544004), which is being run for the welfare and rehabilitation of individuals
affected by Autism, Cerebral Palsy, Down Syndrome and other intellectual disabilities and to provide necessary assistance by providing required articles for utilization of the inmates of the said Centre with his own money within a period of two months from the date of this order.
8. Considering the undertaking given by the contemnor, this Court opines that the unconditional apology is bonafide and accordingly inclined to close this Contempt Petition.
9. After visiting the said centre, the contemnor shall file an affidavit before the Registrar (Judicial), Madurai Bench of Madras High Court, Madurai, with regard to the service he rendered within a week thereafter to enable the Registrar (Judicial) to keep the same in the record for perusal of the Court.
10. If contemnor fails to fulfill the undertaking, the Registry shall re-open the contempt petition and place before this Court.
11. Accordingly, this contempt petition is closed. 28.04.2025 Index :
Yes / No Internet : Yes / No NCC : Yes / No CM Copy to..
Ms.Jaya, SAKSHAM, Sivananda Sevasram Campus, 12/7, Austinpatti Road, Sivananda Nagar, Thoppur, Madurai 625 008 (Ph.No.+919884544004) To,
1. R.Madhan Kumar, The Chief Educational Officer, Virudhunagar District.
BATTU DEVANAND , J., CM Cont.P.(MD)No.265 of 2025 in W.P.(MD)No.9406 of 2024 28.04.2025