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Madras High CourtCONT P(MD)/1881/2022dismissed

R.Shanmugasundaram, v. Mr.Syed Muzammil Abbas

2025-08-21Honourable Mr.Justice Shamim Ahmed7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED R.Shanmugasundaram ... Petitioner vs.

1.Syed Muzammil Abbas, Principal Chief Conservator of Forest, (Head of the Department), Pangal Maligai, Saidapet, Chennai- 600 015.

2.The Director, Directorate of State Council of Education Research and Training, College Road, Chennai - 6.

... Respondents (R2 was suo motu impleaded vide order of this Court, dated 28.04.2023 in Cont.P.(MD)No.1881 of 2022) PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to punish the contemnors for the wilful disobedience to the order in W.P(MD)No.4603 of 2018, dated 18.11.2021.

For Petitioner :Mr.Raja Srinath for Mr.G.Sailendrababu For Respondents :Mr.Veera Kathiravan Additional Advocate General 1/7

assisted by Mr.P.Thambidurai Government Advocate for R1 and Mr.D.Sadiq Raja, Additional Government Pleader for R2 *****

O R D E R

This Court, vide order, dated 21.07.2025 passed the following order: "Heard Mr.G.Sailendrababu, learned counsel for the petitioner and Mr.Veerakathiravan, learned Additional Advocate General assisted by Mr.P.Thambidurai, learned Government Advocate for the Respondents.

2.The present Contempt Petition has been filed to punish the respondents/contemnors for non compliance of the judgment and order passed by the Hon'ble Writ Court in W.P.(MD) No.4603 of 2018 dated 18.11.2021.

3.The Co-ordinate Bench of this Court, vide judgment and order dated 18.11.2021, had disposed of the said writ petition with the following directions:- "5.It is surprising that despite the aforesaid confirmation having been obtained, the request of the petitioner still remains unprocessed. Since the respondents seek proof to the effect that the petitioner has in fact studied and completed the NGCE Course, let the petitioner circulate the relevant mark sheet or other conclusive proof in this regard, to the respondent, upon receipt of which, the request of the petitioner for inclusion in the panel for 2015 - 2016 shall be considered favourably with all consequential benefits computed and paid over to him. Let the aforesaid exercise be completed within a period of twelve weeks from the date of receipt of the documents from the petitioner. This Writ Petition is disposed as above. No costs."

4.The learned counsel for the Petitioner submits that despite the judgment and order passed by this Court in W.P.(MD)No.4603 of 2018, dated 18.11.2021, the respondents have not complied with the directions of this Court and they have wilfully and deliberately flouted the order passed by this Court and are in contempt of the 2/7

judgment and order of this Court dated 18.11.2021. Thus, they should be summoned and punished by exercising the powers under Sections 11 and 12 of the Contempt of Courts Act, 1971. 5.Mr.Veerakathiravan, learned Additional Advocate General assisted by Mr.P.Thambidurai, learned Government Advocate for the Respondents prays this Court that a last opportunity may be given to the respondents to make compliance of the judgment and order dated 18.11.2021 and the respondents will file a compliance affidavit, annexing a decision taken by them on or before the next date fixed.

6.Mr.G.Sailendrababu, learned counsel for the petitioner has no objection to the aforesaid prayer made by the learned Additional Advocate General assisted by Mr.P.Thambidurai, learned Government Advocate for the Respondents.

7.Accordingly, after hearing the learned counsel for the parties, after perusal of the judgment and order made in W.P.(MD) No.4603 of 2018 dated 18.11.2021 and also considering the request made by the learned Additional Advocate General assisted by Mr.P.Thambidurai, learned Government Advocate for the respondents/contemnors, as a last chance, this Court grants three weeks and no more further time to the respondents/contemnors to make full compliance of the directions issued by this Court in W.P. (MD) No.4603 of 2018, dated 18.11.2021 and to file an affidavit of compliance in this regard, annexing a decision taken by the respondents. The decision taken by the respondents shall also be communicated to the petitioner by the respondents through RPAD on or before the next date fixed. It is made clear that if the judgment and order, dated 18.

11.2021, is not complied with on or before the next date fixed, the respondents are directed to appear in person before this Court on the next date of hearing and justify as to why the judgment and order dated 18.11.2021 is not complied with and as to why contempt proceedings should not be initiated as against them.

8.Put up this case 'for orders' on 21.08.2025 before this Court. Let a copy of this order be issued to Mr.P.Thambidurai, learned Government Advocate for the respondents for its necessary compliance and information."

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2.Today, when the matter is being taken up, Mr.Veera Kathiravan, learned Additional Advocate General assisted by Mr.P.Thambidurai, learned Government Advocate for the first respondent and Mr.D.Sadiq Raja, learned Additional Government Pleader for the second respondent, submits that against the judgment and order passed by the Writ Court, dated 18.11.2021, passed in W.P.(MD)No.4603 of 2018, the respondents have preferred a Writ Appeal before the Hon'ble Division Bench of this Court bearing W.A.(MD)No.2177 of 2023, which was finally allowed by the Hon'ble Division Bench by judgment and order, dated 04.08.2025 and the judgment and order passed by the Writ Court, dated 18.11.2021 passed in W.P.(MD)No.4603 of 2018 was set aside. Thus, he submits that the present Contempt Petition may be dismissed, as there is no cause of action in this case and the respondents may be discharged from the present contempt proceedings.

3.The learned Counsel for the petitioner also submits that the Writ Appeal preferred by the respondents against the judgment and order passed by the Writ Court in W.P(MD)No.4603 of 2018, dated 18.11.2021, was allowed by the Hon'ble Division Bench of this Court vide judgment and 4/7

order, dated 04.08.2025. Thus, he submits that the present Contempt Petition may be dismissed and the respondents may be discharged from the present contempt proceedings.

4.Accordingly, after considering the arguments, as advanced by the learned Counsel for the parties and after perusal of the records, this Court finds that against the judgment and order passed by the Writ Court, dated 18.11.2021, passed in W.P.(MD)No.4603 of 2018, the respondents have preferred a Writ Appeal before the Hon'ble Division Bench of this Court bearing W.A.(MD)No.2177 of 2023, which was allowed by the Hon'ble Division Bench by judgment and order, dated 04.08.2025. Hence, this Court is also satisfied that no contempt is made out against the respondents and no useful purpose will be served in continuing the present contempt proceedings any further. Accordingly, the respondents are discharged from the present contempt proceedings and the present Contempt Petition is dismissed The file is consigned to record. No order as to costs. Index :Yes / No 21.08.2025 NCC :Yes / No cmr 5/7

To 1.The Principal Chief Conservator of Forest, (Head of the Department), Pangal Maligai, Saidapet, Chennai- 600 015.

2.The Director, Directorate of State Council of Education Research and Training, College Road, Chennai - 6.

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SHAMIM AHMED, J.

cmr 21.08.2025 7/7