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Madras High CourtCONT P(MD)/1233/2021disposed of

D.Mary Samathanam, v. Subramanian,

2025-03-14Honourable Mr.Justice Shamim Ahmed7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED CONT.P(MD) No.1233 of 2021 D.Mary Samathanam ... Petitioner vs.

Subramanian The District Educational Officer, Aruppukottai, Virudhunagar District.

... Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to punish the respondent for wilful disobedience of the order of this Court in W.P.(MD) No.5894 of 2021 dated 25.03.2021. For Petitioner :Mr.T.Pon Ramkumar For Respondent :Mr.F.Deepak Special Government Pleader

ORDER

This Contempt Petition has been filed with the prayer that the respondent has not complied with the judgment and order passed by this Court in W.P.(MD)No.5894 of 2021, dated 25.03.2021. 1/7

2.Heard Mr.T.Pon Ramkumar, learned counsel for the petitioner and Mr.F.Deepak, learned Special Government Pleader for the respondent.

3.This Court, vide judgment and order dated 25.03.2021, had disposed of the said writ petition with the following directions:- "4.In this background the 3rd respondent herein is granted liberty to re-present the application to the 2nd respondent seeking for extension of service and monetary benefits insofar as the petitioner herein is concerned and the 2nd respondent shall consider the same on its own merits without reference to her failure to qualify in the TET and pass appropriate orders within a period of twelve weeks therefrom. "

4.The learned counsel for the petitioner submits that challenging the judgment and order dated 25.03.2021, the respondent has preferred an appeal bearing W.A.(MD) No.292 of 2022 along with connected Writ Appeals before this Court, which was dismissed by the Division Bench of this Court, vide judgment and order dated 29.10.2024. Thus, he 2/7

submits that in spite of the dismissal of the Writ Appeal, the respondent has to comply with the directions issued by this Court in W.P.(MD) No. 5894 of 2021, dated 25.03.2021, but he has wilfully and deliberately flouted the order passed by this Court and is in contempt of the order of this Court dated 25.03.2021. Thus, he submits that the respondent 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 respondent has produced an order passed by the respondent dated 14.03.2025, in which it has been stated that the judgment and order passed in W.P.(MD)No.5894 of 2021 and in W.A.(MD) No.292 of 2022 etc., dated 25.03.2021 and 29.10.2024 respectively has been complied with. A copy of the order dated 14.03.2025 has been produced before this Court, which is on record and a copy of the same has also been given to the learned counsel for the 3/7

petitioner. It was further submitted that the petitioner was given the entire benefit, as per the directions of this Court dated 25.03.2021. Thus, he submits that the respondent may be discharged from the present contempt proceedings, as the judgment and order of this Court dated 25.03.2021 and 29.10.2024 has been fully complied with by the respondent, vide order dated 14.03.2025.

6.Mr.T.Pon Ramkumar, learned counsel for the petitioner submits that after the dismissal of the Writ Appeal bearing W.A.(MD) No.292 of 2022 etc., the respondent has passed the order dated 14.03.2025, complying with the judgment and order passed by this Court, dated 25.03.2021 and the petitioner was given the benefit, as per the directions issued by this Court. Thus, he submits that he has no objection if the respondent is discharged from the present contempt proceedings, as the judgment and order of this Court in W.P.(MD) No.5894 of 2021, dated 25.03.2021 and in W.A.(MD) No.292 of 2022 etc., dated 29.10.2024 has 4/7

been fully complied with by the respondent, vide order dated 14.03.2025 and the present Contempt Petition may also be disposed of. 7.Accordingly, in view of the submissions made by the learned counsel for the parties, after perusal of the judgment and order passed in W.P.(MD) No.5894 of 2021, dated 25.03.2021 and W.A.(MD) No.292 of 2022, dated 29.10.2024 and after perusal of the order passed by the respondent, dated 14.03.2025, this Court satisfied that the direction issued by this Court in W.P.(MD) No.5894 of 2021, dated 25.03.2021 and in W.A.(MD) No.292 of 2022 etc dated 29.10.2024, has been fully complied with by the respondent and there is no justification in continuing the present contempt proceedings against the respondent. 8.Accordingly, the Contempt Petition is finally disposed of and the respondent is discharged from the present contempt proceedings. No costs. The file is consigned to record.

Index :Yes / No 14.03.2025 5/7

Internet :Yes / No To The District Educational Officer, Aruppukottai, Virudhunagar District.

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SHAMIM AHMED, J.

mm 14.03.2025 7/7