P.Lilly v. R.E.Christal Joylet
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 11.03.2025 Pronounced on : 28.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND Cont.P.(MD)No.2571 of 2024 in W.P.(MD)No.27358 of 2023 P.Lilly ... Petitioner / Petitioner Vs.
1. R.E.Christal Joylet, The District Educational Officer, SLB South Street,PWD Road, Nagercoil,Kanyakumari District - 629 001.
2. A.Anbaiya Manuvel, The Correspondent, LMS HSS, Jamestown, Agastheeswram, Nagercoil, Kanyakumari District - 629 001. ... Contemnors/Respondents PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to pleased to initiate Contempt proceedings as against the Contemnors/ Respondents and punish them for the willful disobedience of the order dated 27.06.2024 of this Court in W.P.(MD) No.27358 of 2023.
For Petitioner : Mr.G.Anto Prince For Respondents : Mr.T.Amjadkhan
O R D E R
While allowing a writ petition in WP(MD)No.23758 of 2023 on 27.06.2024, this Court issued the following direction: "The fourth respondent is directed to resubmit the proposal along with a copy of this order within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the second respondent is directed to pass an order approving the appointment of the petitioner within a period of four weeks thereafter."
2. Complaining the disobedience on the part of the respondents in implementing the said order, the present contempt petition is filed.
3. The respondents filed a counter affidavit, wherein it is stated that they implemented the order of this Court. However, they admitted that there is a delay in implementing the order of the Court.
4. Considering the facts and circumstances of the case, in the considered opinion of this court, the order of the Court is not complied with in true letter and spirt as it is not implemented within the time stipulated by this Court and as such, the respondents are liable to be punished under the provisions of the Contempt of Court Act.
5. At this stage, the contemnors prayed the Court to pardon them. They also assured to be more careful in future in implementing the court's order and tendered their unconditional apology.
6. The contemnor also filed an undertaking affidavit stating that they will implement the orders without delay in future and tendered their unconditional apology. It is further stated that to prove their unconditional apology as bonafide, they are ready to do some social work as this Court deems fit.
7. They expressed their willingness to visit the premises of Emmaus Home for Intellectual Special School, Umman Code, Meeka
Mandapam, Kanyakumari District 629 156 (Ph.No.04651-245117), and to provide necessary assistance by providing required articles for utilization of the inmates of the said Home with their own money within a period of two weeks from the date of this order.
8. Considering the undertaking given by the contemnors, this Court opines that the unconditional apology is bonafide and accordingly inclined to close this Contempt Petition.
9. After visiting the said home, the contemnors shall file an affidavit before the Registrar (Judicial), Madurai Bench of Madras High Court, Madurai, with regard to the service they rendered within a week thereafter to enable the Registrar (Judicial) to keep the same in the record for perusal of the Court.
10. If any contemnor fails to fulfill the undertaking, the Registry shall re-open the contempt petition and place before this Court.
11. Accordingly, this contempt petition is closed. 28.04.2025 Index :
Yes / No Internet : Yes / No NCC : Yes / No CM
Copy to Emmaus Home for Intellectual Special School, Umman Code, Meeka Mandapam, Kanyakumari District 629 156 (Ph.No.04651-245117), To,
1. R.E.Christal Joylet, The District Educational Officer, SLB South Street, PWD Road, Nagercoil, Kanyakumari District - 629 001.
2. A.Anbaiya Manuvel, The Correspondent, LMS HSS, Jamestown, Agastheeswram, Nagercoil, Kanyakumari District - 629 001.
BATTU DEVANAND , J., CM Cont.P.(MD)No.2571 of 2024 in W.P.(MD)No.27358 of 2023 28.04.2025