J.Ebitha v. Muthusamy
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR in W.A.(MD) Nos.1524 of 2019 & 1229 of 2021 Cont.P.(MD) No.511 of 2024:
J.Ebitha ... Petitioner -vs1.Muthusamy Chief Educational Officer Tirunelveli-627 009 Tirunelveli District 2.Cerline Vimal District Educational Officer Valliyoor-627 117 Tirunelveli District 3.P.Esakkiappan Block Educational Officer Valliyoor Block Valliyoor-627 117 Tirunelveli District ... Respondents
PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the contemnors / respondents for their deliberate and willful disobedience of the order of this Court dated 07.08.2023 in W.A.(MD) No.1524 of 2019 under Article 215 of the Constitution of India read with Section 11 of the Contempt of Courts Act, 1971. For Petitioner Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers For Respondents Mr.R.Baskaran Additional Advocate General assisted by Mr.V.Om Prakash Government Advocate Cont.P.(MD) No.719 of 2024:
John Sobitha ... Petitioner -vs1.Jearlin Vimal District Educational Officer Valliyur Tirunelveli District 3.Subbiya Block Educational Officer Radhapuram Tirunelveli District ... Respondents
PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the contemnors for their willful disobedience and violation of the orders dated 26.07.2023 passed in W.A.(MD) No.1229 of 2021 by this Court by issuing contempt notice and punish them for the same.
For Petitioner Mr.Lourdu Paul Maurya For Respondents Mr.R.Baskaran Additional Advocate General assisted by Mr.V.Om Prakash Government Advocate C O M M O N O R D E R [Order of the Court was made by RMT.TEEKAA RAMAN, J.] These contempt petitions have been filed alleging willful disobedience of the Judgments dated 07.08.2023 and 26.07.2023, passed in W.A.(MD) Nos.1524 of 2019 and 1229 of 2021 respectively.
2. Today, when the matter is taken up for hearing, learned Additional Advocate General appearing for the respondents, on instructions, submitted that the directions issued by this Court in the above writ appeals
have been duly complied with. The same has been acknowledged by the respective learned counsel for the petitioners. However, learned counsel appearing for the petitioner in Cont.P.(MD) No.719 of 2024 submits that monetary benefits pursuant to the directions issued by this Court are still due to the petitioner in Cont.P.(MD) No.719 of 2024.
3. Before parting with the order, it is to be noted that even though statutory notice has been served on the District Educational Officer, Valliyur, Tirunelveli District, namely, Jearlin Vimal, he is not present before this Court.
4. Learned Additional Advocate General appearing for the respondents submits that since the directions issued by this Court have been duly complied with, he is not present, however, it is neither it is willful nor wanton.
5. The non-appearance of the District Educational Officer, Valliyur, Tirunelveli District, namely, Jearlin Vimal, despite service of statutory notice on him, is hereby deprecated. Since the directions issued by this Court has been complied with, we are not precipitate the matter further, however, he is let off with a warning.
6. Recording the above submission of the learned Additional Advocate General, the contempt petitions are closed. However, monetary benefits, if any due, shall be paid to the petitioners, as the case may be, at the earliest.
[T.K.R., J.] [R.V., J.] 04.12.2024 NCC Yes / No Index Yes / No Internet :
Yes / No krk To:
1.Mr.Muthusamy, Chief Educational Officer, Tirunelveli-627 009, Tirunelveli District.
2.Mr.Cerline Vimal, District Educational Officer, Valliyoor-627 117, Tirunelveli District.
3.Mr.P.Esakkiappan, Block Educational Officer, Valliyoor Block, Valliyoor-627 117, Tirunelveli District.
4.Mr.Subbiya, Block Educational Officer, Radhapuram, Tirunelveli District.
RMT.TEEKAA RAMAN, J.
AND R.VIJAYAKUMAR , J.
krk in W.A.(MD) Nos.1524 of 2019 & 1229 of 2021 04.12.2024