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Madras High CourtSUB A(MD)/326/2025disposed of

Valliammal v. J.M.Anto Ruban Dalmaida

2025-08-22Honourable Mr.Justice Shamim Ahmed7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED In Contempt Petition (MD)No.845 of 2025 Valliammai, W/o.Sethuramalingam, M98, Housing Board, TNHB Colony, Phase-II, V.M.Chatram, Maharaja Nagar (Post), Tirunelveli - 627 011.

...Petitioner/Petitioner

Vs 1.Mr.J.M.Anto Ruban Dalmaida, The District Educational Officer, Thoothukudi Educational District, Thoothukudi.

2.Mr.Muthukumar, The Block Educational Officer, Karunkulam Union, Thoothukudi Educational District, Thoothukudi District, Formerly Known as Additional Assistant, Elementary Educational Officer, Karunkulam Union, Thoothukudi District.

...Respondents/Contemnors

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PRAYER: Petition is filed under Section 11 of Contempt of Courts Act, 1971, r/w Section 151 of CPC, to reopen the Contempt Petition (MD)No. 845 of 2025 closed vide order dated 16.07.2025, on the file this Court. For Petitioner : Mr.P.M.Vishnuvarthanan For Respondents : Mr.D.Sadiq Raja Additional Government Pleader

ORDER

This petition has been filed to reopen the Contempt Petition (MD)No.845 of 2025 which was closed vide order dated 16.07.2025 by this Court.

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

3. Today, when the matter is being taken up, Mr.D.Sadiq Raja, learned Additional Government Pleader for the Respondent, filed an 2/7

affidavit of compliance annexing the order dated 10.07.2025 along with the calculation sheet, passed by the District Educational Officer (Elementary), Thoothukudi and submits that the Respondents had complied with the judgment and order of the Writ Court in W.P.(MD) No. 19704 of 2018, dated 22.08.2022. This fact is stated in paragraph no. 8 of the compliance affidavit, which mentions that the District Educational Officer (Elementary), Thoothukudi vide his proceedings dated 10.07.2025 complied the order in letter and spirit, thereby refix the Petitioner's salary as on 14.09.2007. In pursuance of the same, the entire monetary benefits were sanctioned and the same is disbursed through ECS to the Petitioner's Bank Account on 08.08.2025 to the tune of Rs.5,58,756/- (Five Lakh Fifty Eight Thousand Seven Hundred and Fifty Six only).

A copy of the said order, calculation sheet along with the compliance affidavit 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 and the contempt petition may be disposed of accordingly.

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4. Mr.P.M.Vishnuvarthanan, learned counsel for the Petitioner received the copy of the order dated 10.07.2025 and calculation sheet along with the compliance affidavit and submits that the calculation provided by the Respondents is not accurate and that some amount is still due to the Petitioner. Thus, the learned counsel prays this Court to challenge the same before the competent Court of law and he has no objection to the Respondents being discharged from the contempt proceedings at this stage.

5. Considering the submissions made by learned counsel for the Petitioner and the learned Additional Government Pleader for the Respondents, and upon perusal of the order dated 10.07.2025, passed by the District Educational Officer (Elementary), Thoothukudi and the amount to the tune of Rs.5,58,756/- (Five Lakh Fifty Eight Thousand Seven Hundred and Fifty Six only) disbursed through ECS to the Petitioner's Bank Account on 08.08.2025, this Court is satisfied that the Respondents had complied with the judgment and order of the Writ Court 4/7

dated 22.08.2022 passed in W.P.(MD)No.19704 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.

6. In view of the above, the Sub Application is disposed of with liberty to the Petitioner to challenge the order dated 10.07.2025 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. 22.08.2025 Nsr Index:Yes/No Web:Yes/No Speaking/Non Speaking 5/7

To:

1.The District Educational Officer, Thoothukudi Educational District, Thoothukudi.

2.The Block Educational Officer, Karunkulam Union, Thoothukudi Educational District, Thoothukudi District, Formerly Known as Additional Assistant, Elementary Educational Officer, Karunkulam Union, Thoothukudi District.

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SHAMIM AHMED , J.

Nsr 22.08.2025 7/7