S.Alphonse Mary v. N.Ravichandran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 08.04.2025 Pronounced on : 28.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND Cont.P.(MD)No.862 of 2025 in W.P.(MD)No.4625 of 2024 S.Alphonse Mary ... Petitioner / Petitioner Vs.
N.Ravichandran, District Educational Officer (Elementary), Manaparai, Trichy District. ... Contemnor/2nd Respondent PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to pleased to punish the contemnor/respondent herein for deliberate and willful disobedience of the order of this court dated 18.04.2024 in WP(MD)No.4625 of 2024.
For Petitioner : Mr.A.Ajith Geethan For Respondent : Mr.T.Amjad Khan
O R D E R
While allowing a writ petition in WP(MD)No.4625 of 2024 on 18.04.2024, this Court issued the following direction:
"In view of the above observations, the writ petition is disposed of and the fourth respondent is directed to re-present the proposal to the second respondent by giving the explanation as to the significance of the date of appointment of the petitioner as a Secondary Grade Teacher in their School within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the second respondent is directed to re-consider the proposal without being influenced by their earlier order and pass orders afresh on merits within a period of four weeks thereafter."
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 he implemented the order of this Court. However, he 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 him. He also assured to be more careful in future in implementing the court's order and tendered his 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 Kangaroo Karunai Illam, No.64, Craw Ford Colony, Anbu Nagar, Edamalaipatty.
Pudur, Trichy 620 012 and to provide necessary assistance by providing required articles for utilization of the inmates of the said home with his own money within a period of one week 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 home, 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 Kangaroo Karunai Illam, No.64, Craw Ford Colony, Anbu Nagar, Edamalaipatty, Pudur, Trichy 620 012 To, N.Ravichandran, District Educational Officer (Elementary), Manaparai, Trichy District.
BATTU DEVANAND , J., CM Cont.P.(MD)No.862 of 2025 in W.P.(MD)No.4625 of 2024 28.04.2025