Kalaviruthi Higher Secondary School v. P.Kanagarani M.Sc., B.Ed., M.Phil.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 22.04.2025 Pronounced on : 28.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND Cont.P.(MD)No.569 of 2025 in W.P.(MD)No.13855 of 2023 Kalaviruthi Higher Secondary School, Kamuthi, Ramanathapuram District, Rep. By its Correspondent, M.Allah Baksh ... Petitioner / Petitioner Vs.
P.Kanagarani M.Sc., B.Ed.,M.Phil, The District Educational Officer (Elementary), O/o. The District Educational Office, Ramanathapuram, Ramanathapuram District.
... Contemnor/ Respondent PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnor/respondent for his willful, deliberate disobedience of the order of this Court made in W.P.(MD)No.13855 2023, dated 21.06.2024.
For Petitioner : Mr.M.Mohamed Zamil for M/s.Ajmal ASsociates For Respondent : Mr.M.Siddharthan
O R D E R
While allowing a writ petition in WP(MD)No.13855 of 2023 on 21.06.2024, this Court issued the following direction: "The third respondent is directed to reconsider the proposal in the light of G.O.Ms.No.144 dated 04.07.2008 and pass orders by granting approval within a period four weeks from the date of appointment i.e on 01.04.2022"
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 her. She 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 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 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 her own money within a period of two months 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 centre, 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 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 CM
Copy to..
Ms.Jaya, SAKSHAM, Sivananda Sevasram Campus, 12/7, Austinpatti Road, Sivananda Nagar, Thoppur, Madurai 625 008 (Ph.No.+919884544004) To, Mr.P.Kanagarani M.Sc., B.Ed.,M.Phil, The District Educational Officer (Elementary), O/o. The District Educational Office, Ramanathapuram, Ramanathapuram District.
BATTU DEVANAND, J., CM Cont.P.(MD)No.569 of 2025 in W.P.(MD)No.13855 of 2023 28.04.2025