M. Sanal, v. R. Alagumeena Ias

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED CONT.P(MD) No.1252 of 2025 in W.P.(MD) No.23101 of 2022 M.Sanal, S/o.Murugan, Eraiyuman Thoppu Veedu, Medavilagam, Kollam Code Post, Kanyakumari District.

... Petitioner vs.

1.Tmt.R.Alagumeena IAS, District Collector, Kanyakumari District.

2.Mrs.Rajeswari, Commissioner/Chairman, Munjirai Panchayat Union, Kanyakumari District.

... Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to punish the contemnors/respondents for the deliberate and wilful disobedience of the order dated 30.10.2024 passed by this Court in W.P.(MD) No.23101 of 2022.

For Petitioner :Mr.D.Saravanan For Respondents :Mr.F.Deepak Special Government Pleader 1/6

ORDER

This Contempt Petition has been filed to punish the contemnors/respondents for wilfully disobeying and not complying with the judgment and order of this Court made in W.P(MD) No.23101 of 2022, dated 30.10.2024.

2.Heard Mr.D.Saravanan, learned counsel for the petitioner and Mr.F.Deepak, learned Special Government Pleader for the respondents. 3.This Court, vide judgment and order, dated 30.10.2024, in W.P.(MD) No.23101 of 2022 had passed the following order:- "16. In this regard, the first respondent/the District Collector, Kanniyakumari District, is directed to get necessary instruction/permission from the Commissioner of Rural Development and Panchayat Raj Department, Chennai, to appoint the petitioner as Office Assistant in the Rural Development and Panchayat Raj Department within a period of three weeks from the date of receipt of a copy of this order and thereafter, on receipt of the instruction/permission the petitioner shall be appointed to the post of Office Assistant in the Rural Development and Panchayat Raj Department, Kanniyakumari District, by the first respondent/the District Collector, Kanniyakumari District, within a period of four weeks thereof." 2/6

4.The learned counsel for the petitioner submits that the order passed by this Court in W.P.(MD) No.23101 of 2022, dated 30.10.2024, had not been complied with. Thus, the respondents/contemnors have wilfully and deliberately flouted the order passed by this Court and are in contempt of the order of this Court dated 30.10.2024. Thus, they should be summoned and punished 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 an affidavit of compliance of the respondents, dated 30.06.2025, annexing a copy of the decision taken by the second respondent, dated 27.06.2025, in which it has been stated that the direction issued by this Court, vide order dated 30.10.2024, in W.P.(MD) No.23101 of 2022 has been fully complied with and the petitioner has also been appointed as Office Assistant in Rajakkamangalam Panchayat Union. The compliance affidavit filed by the respondents, dated 30.06.2025, is taken on record and a copy of the same has also been given to the learned counsel for the petitioner. Thus, he submits that the respondents may be discharged from the present contempt proceedings, as the judgment and order dated 30.10.2024, passed in W.P.(MD) No.23101 of 2022 has been fully complied with, vide order of the second respondent, dated 27.06.2025, and the present Contempt Petition may also be disposed of.

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6.Mr.D.Saravanan, learned Counsel for the petitioner submits that he has received a copy of the compliance affidavit of the respondents, dated 30.06.2025 along with a copy of the decision taken by the second respondent, dated 27.06.2025 and submits that the respondents have made full compliance of the judgment and order passed by this Court in W.P.(MD) No.23101 of 2022, dated 30.10.2024.

7.She further submits that the petitioner has been appointed as Office Assistant in Rajakkamangalam Panchayat Union and thus, she has no objection, if the respondents are discharged from the present contempt proceedings, as the judgment and order of this Court dated 30.10.2024 has been fully complied with, vide order dated 27.06.2025 and the present Contempt Petition may also be disposed of.

8.Accordingly, in view of the submissions made by the learned counsels for the parties and after perusal of the records, the compliance affidavit filed by the respondents, dated 30.06.2025 and the order passed by the second respondent, dated 27.06.2025, and also considering the fact that the petitioner has also been appointed as Office Assistant in Rajakkamangalam Panchayat Union, this Court satisfied that the direction issued by this Court in W.P.(MD) No.23101 of 2022, dated 30.10.2024 has 4/6

been fully complied with by the respondents and there is no justification in continuing the present contempt proceedings against the respondents. 9.Accordingly, the Contempt Petition is finally disposed of and the respondents are discharged from the present contempt proceedings. The file is consigned to record. No costs.

Index :Yes / No 01.07.2025 Internet :Yes / No mm To 1.District Collector, Kanyakumari District.

2.Commissioner/Chairman, Munjirai Panchayat Union, Kanyakumari District.

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SHAMIM AHMED, J.

mm CONT.P(MD) No.1252 of 2025 01.07.2025 6/6