C.Bharathidasan v. T.N.Venkatesh Ias

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 21.04.2025 Pronounced on: 28.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND Cont.P.(MD)No.489 of 2025 in W.P.(MD)No.9743 of 2024 C.Bharathidasan

...Petitioner/Petitioner

Vs.

Mr.T.N.Venkatesh.I.A.S., Commissioner, O/o Directorate of Backward Classes & Minority Welfare 2nd Floor, Ezhilagam, Chepakkam, Chennai - 600 005 ... Contemnor/Respondent PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to pleased To initiate Contempt Proceedings under section 11 of the Contempt of Courts Act 1971, against the Contemnor/ 3rd Respondent herein for their Willful Disobedience to the order passed by this Court in WP(MD) No.9743 of 2024 dated 23-04-2024.

For Petitioner : Mr.A.Manosh Kumar For Respondent : Mr.T.Amjad Khan

O R D E R

While allowing a writ petition in WP(MD) No.9743 of 2024 on 23-04-2024, this Court issued the following direction: "There shall be a direction to the second respondent herein to consider the petitioner's representation dated 12.02.2024 on its own merits and pass appropriate orders in accordance with law, within a period of six 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 Rehoboth Home for mentally Challenged Women, No.22, Viswasa Nagar.

Kuluthuvanchery, Paranai Puthur, Ayyappanthangal, Chennai - 600122 and to provide necessary assistance by providing required articles for utilization of the inmates of the said Home with his own money within a period of two weeks 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 school, 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 CM Copy to..

Rehoboth Home for mentally Challenged Women, No.22, Viswasa Nagar. Kuluthuvanchery, Paranai Puthur, Ayyappanthangal, Chennai - 600122 To, Mr.T.N.Venkatesh.I.A.S., Commissioner, O/o Directorate of Backward Classes & Minority Welfare 2nd Floor, Ezhilagam, Chepakkam, Chennai - 600 005

BATTU DEVANAND , J., CM Cont.P.(MD)No.489 of 2025 in W.P.(MD)No.9743 of 2024 28.04.2025