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Madras High CourtCONT P(MD)/1756/2025disposed of

H.Vinoth v. Maria John Britto

2025-07-17Honourable Mr.Justice Shamim Ahmed6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED In W.P.(MD)No.3184 of 2021 H.Vinoth, BT Assistant, St.Louis Higher Secondary School, Keelavaipar - 628 903, Tuticorin District.

...Petitioner/Petitioner

Vs Mr.Maria John Britto, District Educational Officer, Kovilpatti, Tuticorin District.

...Contemnor/2nd Respondent PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to punish the Contemnor/2nd Respondent for willfully disobeying and not complying with the order passed by this Court in W.P(MD)No.3184 of 2021, dated 23.06.2022.

For Petitioner : Mr.A.Ajith Geethan For Respondent : Mr.D.Sadiq Raja Additional Government Pleader 1/6

ORDER

This is a petition seeking initiation of contempt proceedings against the Respondent for alleged violation of the order, dated 23.06.2022 passed by the Writ Court in W.P.(MD)No.3184 of 2021.

2. Heard Mr.A.Ajith Geethan, learned counsel appearing for the Petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader, who accepts notice on behalf of the Respondent. Therefore, no further notice is required to be issued to the Respondent.

3. The Contempt Petition has been filed for non compliance of the judgment and order passed by the Writ Court in W.P.(MD)No.3184 of 2021 dated 23.06.2022 and the learned Single Judge of the Writ Court allowed the said Writ Petition in the following terms: "7. Accordingly, the impugned order dated 03.02.2020 is quashed. Consequently, there shall be a direction to the second respondent herein to forthwith pass fresh orders on the proposal sent by the third respondent dated 09.05.2019, approving the petitioner's appointment dated 2/6

31.05.2018 as BT Assistant (English), within a period of four (4) weeks from the date of receipt of a copy of this order.

8. This Writ Petition stands allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed."

4. Today, when the matter was taken up, Mr.D.Sadiq Raja, learned Additional Government Pleader for the Respondent, produced an order dated 30.12.2024 passed by the Chief Educational Officer, Thoothukudi District, along with a compliance affidavit. He submits that the Respondent had complied with the judgment and order of the Writ Court in W.P.(MD) No.3184 of 2021, dated 23.06.2022. This fact is stated in paragraph 8 of the compliance affidavit, which mentions that the appointment of the writ petitioner was approved with effect from 01.06.2018, and the monetary benefits were also paid in full. A copy of the said order has been taken on record and the same has been furnished to the learned counsel for the Petitioner. Therefore, he prays that the Respondent may be discharged from the contempt proceedings and the contempt petition may be disposed of accordingly.

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5. Mr.A.Ajith Geethan, learned counsel appearing for the Petitioner received a copy of the order dated 30.12.2024 along with compliance affidavit and submits that the Respondent has complied with the judgment and order of the Writ Court dated 23.06.2022 passed in W.P.(MD)No.3184 of 2021. He further states that the Petitioner's appointment was approved with effect from 01.06.2018, and the monetary benefits were received by the Petitioner in full. The learned counsel states that he has no objection to the Respondent being discharged from the contempt proceedings.

6. Considering the submissions made by the learned counsel for the Petitioner and the learned Additional Government Pleader for the Respondent, and upon perusal of the order dated 30.12.2024 passed by the Chief Educational Officer, Thoothukudi District along with the compliance affidavit specifically in paragraph no.8, this Court is satisfied that the Respondent has fully complied with the judgment and order of the Writ Court dated 23.06.2022 passed in W.P.(MD)No.3184 of 2021. In view of the same, this Court deems it appropriate that no useful purpose would be served by keeping the contempt proceedings pending. Therefore, the Respondent is discharged from the contempt proceedings. 4/6

7. In view of the above, the Contempt Petition is disposed of. The file shall be consigned to record. There shall be no order as to costs. 17.07.2025 Nsr Index:Yes/No Web:Yes/No Speaking/Non Speaking To:

District Educational Officer, Kovilpatti, Tuticorin District.

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SHAMIM AHMED , J.

Nsr 17.07.2025 6/6