S. Asmath Hasina Fathima v. J.R.Samartha Ifs
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED CONT.P(MD) No.1392 of 2025 in W.P.(MD) No.13076 of 2017 S.Asmath Hasina Fathima, D/o.Late.M.S.S.Hameed, No.25/14, No.3W, Annamalai Nagar, Samykulam, Chinnamanur, Theni District.
... Petitioner vs.
1.Mr.J.R.Samaartha IFS., District Forest Officer, O/o. the District Forest Office, Theni Division, KRR Nagar, Housing Board Colony, Theni, Theni District.
2.Mr.Anandkumar, Wildlife Warden, O/o. the Wildlife Warden, Megamalai Forest Division, Theni, Theni District.
... Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to punish the contemnors/respondents 2 and 3 for the deliberate and wilful disobedience of the order dated 03.09.2024 passed by this Court in W.P.(MD) No.13076 of 2017.
For Petitioner :Ms.Saphna for M/S.Ajmal Associates 1/7
For Respondents :Mr.F.Deepak Special Government Pleader
ORDER
This Contempt Petition has been filed to punish the contemnors/respondents for wilfully disobeying and not complying with the order of this Court passed in W.P(MD) No.13076 of 2017, dated 03.09.2024. 2.Heard Ms.Saphna for M/S.Ajmal associates appearing for the petitioner and Mr.F.Deepak, learned Special Government Pleader for the respondents.
3.This Court, vide judgment and order dated 03.09.2024, had disposed of the said writ petition with the following directions:- "10.Accordingly, the impugned orders dated 11.06.2014 passed by the second respondent and the consequential orders dated 29.07.2015 and 30.09.2016 passed by the third respondent are hereby quashed and this writ petition is allowed by directing the respondents 2 and 3 to re-consider the petitioner's application seeking for compassionate appointment to the petitioner on compassionate grounds without quoting the three years period and the said exercise shall be completed by the second and third respondents within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed." 2/7
4.Despite the judgment and order passed by this Court in W.P.(MD)No. 13076 of 2017, dated 03.09.2024, the respondents have not complied with the directions of this Court and have wilfully and deliberately flouting the orders passed by this Court, dated 03.09.2024. Thus, the learned counsel submits that the respondents should be summoned and punished for committing contempt by exercising the powers under Sections 11 and 12 of the Contempt of Courts Act, 1971.
5.Today, when the matter is taken up, Mr.F.Deepak, learned Special Government Pleader for the respondents has filed a status report of the second respondent, dated 30.06.2025, in which it has been stated in paragraph No.6 that challenging the judgment and order, dated 03.09.2024 passed in W.P.(MD)No.13076 of 2017, the respondents have preferred an appeal bearing W.A.(MD) No.1675 of 2025, before this Court, which was allowed by the Hon'ble Division Bench of this Court, vide judgment and order, dated 24.06.2025. Paragraph No.6 of the status report filed by the second respondent, dated 30.06.2025, is being reproduced herein below:- "6.It is respectfully submitted that the order dated: 03.09.2024 of Hon'ble High Court was received on 23.02.2025 by this office after pursuing vide this office communication dated 17.02.2025. The petitioner was a minor at the time of death of her father and hence the representation submitted by her mother is not considered by the respondents as per law and existing rules/guidelines at the time. The said above order is against the law 3/7
and rules. Therefore, immediately efforts were taken to file writ appeal against the o dated 03.09.2024 in W.P.(MD)No.13076 of 2017 before the Hon'ble Madurai Bench of Madras High Court. The Writ Appeal ie., WA(MD). No. 1675 of 2025 came up for hearing on 24.06.2025 and the same day the appeal petition is allowed by the Hon'ble High Court. It is humbly submitted that there is neither wilful nor any wanton delay in this matter."
6.The status report filed by the second respondent, dated 30.06.2025, is taken on record. A copy of the same has also been given to the learned counsel for the petitioner. Thus, the learned Special Government Pleader submits that the respondents may be discharged from the present contempt proceedings, as the judgment and order of this Court dated 03.09.2024, was set aside by the Hon'ble Division Bench of this Court, vide judgment and order, dated 24.06.2025 in W.A.(MD) No.1675 of 2025 and the present Contempt Petition may also be disposed of.
7.Ms.Saphna for M/S.Ajmal associates appearing for the petitioner submits that she has received a copy of the status report filed by the second respondent, dated 30.06.2025 and has no objection if the respondents are discharged from the present contempt proceedings, as the judgment and order of this Court dated 03.09.2024 has been set aside by the Hon'ble Division Bench of this Court, vide judgment and order, dated 24.06.2025 and the present Contempt Petition may also be disposed of accordingly. 4/7
8.Accordingly, in view of the submissions made by the learned counsels for the parties and the order passed by the Writ Court in W.P.(MD) No.13076 of 2017, dated 03.09.2024 and the status report filed by the second respondent, dated 30.06.2025 and also considering the fact that the judgment and order of this Court dated 03.09.2024 has been set aside by the Hon'ble Division Bench of this Court, vide judgment and order, dated 24.06.2025, this Court is of the view that no useful purpose will be served in continuing the present contempt proceedings against the respondents, as the judgment and order of this Court dated 03.09.2024 has already been set aside by the Hon'ble Division Bench of this Court.
9.Accordingly, the Contempt Petition is finally disposed of and the respondents are discharged from the present contempt proceedings. No costs. The file is consigned to record.
Index :Yes / No 01.07.2025 Internet :Yes / No mm To 1.District Forest Officer, O/o. the District Forest Office, Theni Division, 5/7
KRR Nagar, Housing Board Colony, Theni, Theni District.
2.Wildlife Warden, O/o. the Wildlife Warden, Megamalai Forest Division, Theni, Theni District.
6/7
SHAMIM AHMED, J.
mm CONT.P(MD) No.1392 of 2025 01.07.2025 7/7