T. Mary Helen Selvi v. Sherlin Vimal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED T.Mary Helen Selvi ... Petitioner vs.

Sherlin Vimal District Educational Officer, Kuzhithurai at Marthandam, Kanyakumari District-629 175.

... Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to punish the contemnor/third respondent for his wilful disobedience of the order made in W.P.(MD)No.14213 of 2017 dated 02.09.2024. For Petitioner :Mr.S.Arun for Mr.S.C.Herold Singh For Respondents :Mr.D.Sadiq Raja *****

O R D E R

This is a petition seeking initiation of contempt proceedings against the respondent for violation of the order, dated 02.09.2024 passed by this Court in W.P.(MD)No.14213 of 2017.

2.Heard Mr.S.Arun, learned Counsel representing Mr.S.C.Herold Singh, learned Counsel for the petitioner and Mr.D.Sadiq Raja, learned 1/5

Additional Government Pleader for the respondent. 3.The Co-ordinate Bench of this Court, vide order, dated 02.09.2024 in W.P.(MD)No.14213 of 2017, had passed the following order:- "5.Accordingly, the impugned order dated 29.04.2017 passed by the third respondent returning the fourth respondent school's proposal seeking for approval for the appointment of the petitioner to the post of Craft Teacher is quashed and the matter is remanded back to the third respondent for fresh consideration, on merits and in accordance with law.

The third respondent is directed to pass final orders, after giving due consideration to the contentions raised by the petitioner in this writ petition as well as the contentions raised in the counter affidavit filed in this writ petition, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner is also permitted to file written submissions to the third respondent and the third respondent shall also consider the same and thereafter, pass final orders. This writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed." 4.The learned Counsel for the petitioner submits that despite the judgment and order passed by this Court in W.P.(MD)No.14213 of 2017, dated 02.09.

2024, the respondent had not complied with the directions of this Court and they have wilfully and deliberately flouting the orders passed by this Court, dated 02.09.2024. Thus, the learned Counsel submits that the respondent should be summoned and punished for committing contempt by exercising the powers under Sections 11 and 12 of the Contempt of Courts Act, 1971.

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5.Today, when the matter is taken up, Mr.D.Sadiq Raja, learned Additional Government Pleader, who accepted notice on behalf of the respondent, in compliance of the order passed by this Court, dated 02.09.2024, produced an order, dated 16.04.2025 passed by the respondent. The order passed by the respondent, dated 16.04.2025 is taken on record. A copy of the order passed by the respondent has also been given to the learned Counsel for the petitioner. Thus, the learned Additional Government Pleader submits that as the judgment and order passed by this Court has been fully complied with by the respondent, the respondent may be discharged from the present contempt proceedings and the present Contempt Petition may be disposed of.

6.Mr.S.Arun, learned Counsel for the petitioner submits that he also received the copy of the order passed by the respondent, dated 16.04.2025, and on perusing the order of the respondent, he submits that some other points raised by the petitioner has not been considered and that he may be given some liberty to challenge the same before the competent Court of law and he has no objection that the present Contempt Petition may be disposed of.

7.After considering the arguments, as advanced by the learned Counsel for the parties and after perusal of the order passed by this Court in 3/5

W.P.(MD)No.14213 of 2017, dated 02.09.2024 and the order passed by the respondent, dated 16.04.2025, this Court is also satisfied that the respondent had made fully complied with the directions issued by this Court and no useful purpose will be served in continuing the present contempt proceedings any further. Accordingly, the respondent is discharged from the present contempt proceedings at this stage and the present Contempt Petition is disposed of. If the petitioner is aggrieved by the order passed by the respondent, dated 16.04.2025, he may challenge the same before the competent Court of law. The file is consigned to record. No order as to costs. Index :Yes / No 11.06.2025 Internet :Yes / No NCC :Yes / No cmr To The District Educational Officer, Kuzhithurai at Marthandam, Kanyakumari District-629 175.

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SHAMIM AHMED, J.

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