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Madras High CourtCONT P(MD)/1977/2025disposed of

I. Anburani v. Karthika

2025-07-22Honourable Mr.Justice Shamim Ahmed6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED In W.P.(MD)No.2939 of 2021 I.Anburani, W/o.Johnson, B.T.Assistant (Science), Pasumalai Higher Secondary School, Madurai.

...Petitioner/Petitioner

Vs 1.Mrs.Kathika, The Chief Educational Officer, Madurai District, Madurai.

2.Mr.Ashok Kumar, The District Educational Officer, District Educational Office, Tirumangalam, Madurai District.

...Contemnors/Respondents PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to punish the Contemnors/Respondents for willfully disobeying and not complying with the order passed by this Court in W.P(MD)No.2939 of 2021, dated 12.09.2024.

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For Petitioner : Mr.S.Anwar Shameem For Respondents : Mr.D.Sadiq Raja Additional Government Pleader

ORDER

This is a petition seeking initiation of contempt proceedings against the Respondents for violation of the order, dated 12.09.2024 passed by this Court in W.P.(MD)No.2939 of 2021.

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

3. This Contempt Petition has been filed for non compliance of the judgment and order dated 12.09.2024 passed in W.P.(MD)No.2939 of 2021 and the learned Single Judge of the Writ Court disposed of the said Writ Petition in the following terms:

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"4.For the foregoing reasons, the impugned order dated 27.12.2019 passed by the second respondent is hereby quashed and the matter is remanded to the first respondent for fresh consideration on merits and in accordance with law. The first respondent shall pass final orders within a period of twelve [12] weeks from the date of receipt of a copy of this order.

5.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed."

4.Today, when the matter was taken up, Mr.D.Sadiq Raja, learned Additional Government Pleader for the Respondents, filed an affidavit of compliance along with the order dated 07.05.2025 passed by the 1st Respondent/Chief Educational Officer, Madurai District. He submitted that the Petitioner's claim was rejected in accordance with law, based on the relevant legal principles. Thus, he submits that the Respondents have complied with the order of the Writ Court dated 12.09.2024 passed in W.P.(MD)No.2939 of 2021. A copy of the said order has been taken on record and the same has been furnished to the learned counsel for the 3/6

Petitioner. Therefore, he prays that the Respondents may be discharged from the contempt proceedings.

5. Mr.S.Anwar Shameem, learned counsel for the Petitioner submits that he has received a copy of the order dated 07.05.2025 along with compliance affidavit, wherein the Respondent has decided the Petitioner's claim, albeit rejecting it. He further submits that if the Petitioner is aggrieved by the said order, he may be permitted to challenge it before the competent Court of law. The learned counsel states that he has no objection to the Respondents 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 Respondents, and upon perusal of the order dated 07.05.2025, passed by the 1st Respondent/Chief Educational Officer, Madurai District, this Court is satisfied that the Respondents have fully complied with the judgment and order of the Writ Court dated 12.09.2024 passed in W.P.(MD)No.2939 of 2021. In view of the same, this Court deems it appropriate that no useful 4/6

purpose would be served by keeping the contempt proceedings pending. Therefore, the Respondents are discharged from the contempt proceedings.

7. In view of the above, the Contempt Petition is disposed of with liberty to the Petitioner to challenge the order dated 07.05.2025 before the competent Court of law, if he is so aggrieved. The file shall be consigned to record. There shall be no order as to costs. 22.07.2025 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

1.The Chief Educational Officer, Madurai District, Madurai.

2.The District Educational Officer, District Educational Office, Tirumangalam, Madurai District.

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SHAMIM AHMED , J.

Nsr 22.07.2025 6/6