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Madras High CourtCONT P(MD)/1559/2023disposed of

G. John Godwin v. Sangeetha Chinnarani

2025-07-08Honourable Mr.Justice Shamim Ahmed7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED In W.P.(MD)No.4133 of 2018 G.John Godwin, No.1/92, Church Street, Kuruvikulam Pudur, Sankarankovil Taluk, Tirunelveli District.

Petitioner/Petitioner Vs 1.Mrs.Sangeetha Chinnarani, District Elementary Educational Officer, Now District Educational Officer, Tirunelveli District.

2.Mr.Murugan, Assistant Elementary Educational Officer, Now Block Educational Officer, Palayamkottai Urban, Tirunelveli District.

Contemnors/Respondents PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to punish the Contemnor/3rd Respondent for willfully disobeying and not complying with the order passed by this Court in W.P(MD)No.4133 of 2018, dated 15.03.2019.

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For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.R.Baskaran Additional Advocate General Assisted by, Mr.D.Sadiq Raja Additional Government Pleader

ORDER

This is a petition seeking initiation of contempt proceedings against the Respondent for alleged violation of the order, dated 15.03.2019 passed by the Writ Court in W.P.(MD)No.4133 of 2018. 2.Heard Mr.V.Panneer Selvam, learned counsel, for the Petitioner and Mr.R.Baskaran, learned Additional Advocate General, assisted by, 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. The Contempt Petition has been filed for non compliance of the judgment and order passed by the Writ Court in W.P.(MD)No.4133 of 2018 dated 15.03.2019 (leading Writ Petition is W.P.(MD)No.18789 of 2/7

2017) and the learned Single Judge of this Court disposed of the said Writ Petition in the following terms:

"7.The learned Special Government Pleader appearing for the respondents 1 and 2 brought to the notice of this Court that there are surplus teachers in the Management and the same is not adhered to by the respective Management.

8.However, considering the fact that the issue involved in these writ petitions had already been decided by this Court in a number of cases, the Government authorities are directed to grant approval to the petitioners at the earliest. As and when the approval is granted and deployment order is passed considering the surplus strength, such deployment order is to be given forthwith by the Management with immediate effect.

9.With the above direction, these Writ Petitions are disposed of. No costs. Consequently, WMP(MD)Nos.15211, 19875, 19876 of 2017 and 38 of 2018 are closed."

4. Today, when the matter is being taken up, Mr.R.Baskaran, learned Additional Advocate General, assisted by, Mr.D.Sadiq Raja learned Additional Government Pleader for the Respondent, filed an 3/7

affidavit of compliance along with the order dated 13.09.2023 passed by the District Educational Officer (Elementary), Tirunelveli and submits that the Respondents have approved the Petitioner's appointment to the post of Tamil Pandit with effect from 22.06.2016, and the monetary benefits have also been paid to the Petitioner. Thus, he submits that the Respondents have complied with the order of the Writ Court dated 15.03.2019 passed in W.P.(MD)No.4133 of 2018. A copy of the compliance affidavit along with the order dated 13.09.2023 has been taken on record and the same has been furnished to the learned counsel for the Petitioner. Therefore, he prays that the Respondents may be discharged from the contempt proceedings.

5. Mr.V.Panneer Selvam, learned counsel for the Petitioner submits that he has received a copy of the order dated 13.09.2023 along with compliance affidavit and submits that the direction issued by the Writ Court vide judgment and order dated 15.03.2019 passed in W.P.(MD)No. 4133 of 2018 has been complied with. The learned counsel states that he has no objection to the Respondents being discharged from the contempt proceedings.

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6. Considering the submissions made by the learned counsel for the Petitioner and the learned Additional Advocate General, and upon perusal of the order dated 13.09.2023 passed by the District Educational Officer (Elementary), Tirunelveli as well as the compliance affidavit, this Court is satisfied that the Respondents have fully complied with the judgment and order of the Writ Court dated 15.03.2019 passed in W.P.(MD)No.4133 of 2018. 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 Respondents are discharged from the contempt proceedings.

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. 08.07.2025 Nsr Index:Yes/No Web:Yes/No Speaking/Non Speaking 5/7

To:

1.The District Elementary Educational Officer, Now District Educational Officer, Tirunelveli District.

2.The Assistant Elementary Educational Officer, Now Block Educational Officer, Palayamkottai Urban, Tirunelveli District.

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SHAMIM AHMED , J.

Nsr 08.07.2025 7/7