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Madras High CourtCONT P(MD)/892/2025disposed of

S.Saraswathi v. Dr.J.Sangumani

2025-04-08Honourable Mr.Justice Shamim Ahmed8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED In W.P.(MD)Nos.20621 of 2021 S.Saraswathi, W/o.N.Sornamuthu, 7/194, Muppidathi Amman Kovil Main Road, Thimmarajapuram, Palayamkottai, Tirunelveli District.

...Petitioner/Petitioner

Vs 1.Dr.J.Sangumani, Director, Directorate of Medical Education, Kilpauk, Chennai.

2.Dr.Revathy Balan, Dean, Tirunelveli Medical College Hospital, Tirunelveli.

...Contemnors/Respondents PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to punish the Contemnors/ Respondent for willfully disobeying 1/8

and not complying with the order passed by this Court in W.P(MD)No. 20621 of 2021, dated 11.09.2024.

For Petitioner : Mr.K.Gokul For Respondents : Mr.F.Deepak Special Government Pleader

ORDER

This is a petition seeking initiation of contempt proceedings against the Respondent for violation of the order, dated 11.09.2024 passed by this Court in W.P.(MD)No.20621 of 2021.

2. Heard Mr.K.Gokul, learned counsel for the Petitioner and Mr.F.Deepak, learned Special Government Pleader, for the Respondents.

3. Mr.K.Gokul, learned counsel for appearing for the Petitioner, submits that the Petitioner, who has challenged the appointment of one Tamilselvi, has filed a Writ Petition in W.P.(MD)No.20621 of 2021 and the learned Single Judge of the Writ Court disposed of the aforementioned 2/8

writ petition vide order dated 27.09.2024. For better appreciation, the relevant portion of the order is reproduced below: "4. After recording the submissions made by the learned counsel appearing for the petitioner that the petitioner is no longer interested in challenging the appointment of the third respondent, this Court permits the petitioner to submit a fresh representation to the second respondent seeking to post her in Tirunelveli District as an Audiometrician in the place of Tamilselvi in which the petitioner was earlier posted and has now been transferred to Villupuram District, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the said representation, the second respondent shall pass final orders on merits and in accordance with law within a period of eight weeks thereafter.

5. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed."

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4. The learned counsel for the Petitioner further submits that despite the judgment and order passed by the Writ Court dated 11.09.2024 in W.P.(MD)No.20621 of 2021, the Respondents have not complied with the directions of the Writ Court and they have wilfully and deliberately flouting the orders passed by the Writ Court. Thus, the learned counsel submits that the Respondents are in contempt and also submits that the Respondents may be summoned before this Court and punished for committing contempt by exercising the powers under Sections 11 and 12 of the Contempt of Courts Act, 1971.

5. Today, when the matter is being taken up, Mr.F.Deepak, learned Special Government Pleader for the Respondents, produced an order dated 02.03.2025, passed by the Office of the Chief, Tirunelveli Medical College and submits that the Respondents have fully complied with the Court's order dated 11.09.2024 in W.P.(MD)No.20621 of 2021. He states that if the Petitioner is aggrieved by the said order, she may challenge the same before the competent Court of law. A copy of the order dated 02.03.2025 4/8

has been taken on record and furnished to the learned counsel for the Petitioner. Therefore, he prays that the Respondents be discharged from the contempt proceedings.

6. Mr.K.Gokul, learned counsel for the Petitioner, submits that he has received a copy of the order dated 02.03.2025, wherein the Respondents have decided the Petitioner's claim, albeit rejecting it. He further submits that if the Petitioner is aggrieved by the said order, she may challenge it before the competent Court of law. The learned counsel states that he has no objection to the Respondents being discharged from the contempt proceedings.

7. Considering the submissions made by the learned counsel for the Petitioner and the learned Special Government Pleader for the Respondents, and upon perusal of the order dated 02.03.2025, this Court is satisfied that the Respondents have fully complied with the judgment and order of the Writ Court dated 11.09.2024 passed in W.P.(MD)No.20621 of 2021. In view of the same, this Court deems it appropriate that no useful 5/8

purpose would be served by keeping the contempt proceedings pending. Therefore, the Respondents are discharged from the contempt proceedings.

8. In view of the above, the Contempt Petition is disposed of with liberty to the Petitioner to challenge the order dated 02.03.2025 before the competent Court of law, if she is so aggrieved. The file shall be consigned to record. There shall be no order as to costs. 08.04.2025 Index:Yes/No Web:Yes/No Speaking/Non Speaking Nsr 6/8

To:

1.The Director, Directorate of Medical Education, Kilpauk, Chennai.

2.The Dean, Tirunelveli Medical College Hospital, Tirunelveli.

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SHAMIM AHMED , J.

Nsr 08.04.2025 8/8