Chatram Bharathi Girls High School v. Regini
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.524 of 2025 in W.P.(MD)No.9209 of 2024 Chatram Bharathi Girls High School, Rep. By its Secretary, ... Petitioner / Petitioner K.S.Anantharamaseshan Vs.
Mrs.Regini, The Chief Educational Officer, Tirunelveli, Now Redesignated As The Chief Educational Officer, Tenkasi District,Tenkasi. ... 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 Honoruable Court in WP(MD) No.9209 of 2024 dated 15-04-2024. For Petitioner : Mr.S.Chellapandian For Respondent : Mr.T.Amjad Khan
O R D E R
While allowing a writ petition in WP(MD)No.9209 of 2024 on 15.04.2024, this Court issued the following direction: "Since the anxiety of the petitioner is due to the difference on part of the third respondent in not passing any order for the proposal submitted by the petitioner, the third respondent is directed to consider and pass orders on merits 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 she implemented the order of this Court. However, she 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 her. She also assured to be more careful in future in implementing the court's order and tendered her unconditional apology.
6. The contemnor also filed an undertaking affidavit stating that she will implement the orders without delay in future and tendered her unconditional apology. It is further stated that to prove her unconditional apology as bonafide, she is ready to do some social work as this Court deems fit.
7. She expressed her willingness to visit the premises of Sangamam Special School,(Intellectual Disability), Amarsevasangam,
Sulochana Garden, Tenkasi Road, Aaikudi 627 852 (Ph.No.04333 244170, 244180), and to provide necessary assistance by providing required articles for utilization of the inmates of the said School with her 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 she 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..
Sangamam Special School,(Intellectual Disability), Amarsevasangam, Sulochana Garden, Tenkasi Road, Aaikudi 627 852 (Ph.No.04333 244170, 244180), To, Mrs.Regini, The Chief Educational Officer, Tirunelveli, Now Redesignated As The Chief Educational Officer, Tenkasi District, Tenkasi.
BATTU DEVANAND , J., CM Cont.P.(MD)No.524 of 2025 in W.P.(MD)No.9209 of 2024 28.04.2025