T.Jayapaul v. K.Shanmugam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 23.04.2025 Pronounced on : 28.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND Cont.P.(MD)No.687 of 2025 in W.P.(MD)No.16057 of 2024 T.Jeyapaul ... Petitioner Vs.

K.Shanmugam, The Chief Educational Officer, O/o.The Chief Educational Officer, Pudukkottai District ... Contemnor/1st Respondent PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to pleased to initiate Contempt Proceedings against the Contemnor / 1st Respondent and punish them for the willful disobedience of the order of this Hon'ble court in W.P(MD)No.16057 of 2024 dated 18.07.2024 and thus render justice.

For Petitioner : Mr.I.Pinaygash For Respondent : Mr.T.Amjad Khan

O R D E R

While allowing a writ petition in W.P(MD)No.16057 of 2024 on 18.07.2024, this Court issued the following direction: "The first and second respondents herein are directed to consider the petitioner's representation datd 01.07.2024 in accordance with Regulation 6 (vi) of G.O. Ms.37, Personnel and Administrative Reforms (FR-IV) Department, dated 10.03.2020 and also the subsequent clarification issued in G.O.Ms.No.116, Personnel and Administrative Reforms (FR-IV) Department, dated 15.10.2020 and pass appropriate orders 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 the order of this Court was complied with. However, the respondent admitted that there is 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 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 Word Society, No.378, Care Colony, Vallathirakottai(po), Alangudi Taluk,

Pudukottai District (Ph.No.9443603874) and to provide necessary assistance by providing required articles for utilization of the inmates of the said Society with his own money within a period of one week from the date of this order.

8. Considering the undertaking given by the respondent, this Court opines that the unconditional apology is bonafide and accordingly inclined to close this Contempt Petition.

9. After visiting the said Society, 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 the 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..

Word Society, NO.378, Care Colony, Vallathirakottai(po), Alangudi Taluk, Pudukottai District (Ph.No.94436 03874) To, K.Shanmugam, The Chief Educational Officer, O/o.The Chief Educational Officer, Pudukkottai District.

BATTU DEVANAND , J., CM Cont.P.(MD)No.687 of 2025 in W.P.(MD)No.16057 of 2024 28.04.2025