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Madras High CourtCONT P(MD)/3213/2025closed

The Correspondent v. Marimuthu

2025-12-17Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17-12-2025

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI CONT P(MD) No. 3213 of 2025 in W.P(MD).No.10916 of 2025 The Correspondent, Melapallivasal Girls Higher Secondary School, Ilayangudi, Sivagangai District.

... Petitioner Vs Marimuthu, The Chief Educational Officer (i/c), Sivagangai, Sivagangai District.

... Contemnor/ 3rd Respondent Prayer:This Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the Contemnor/3rd Respondent for his deliberate and willful disobedience of the order of this Court dated 21.04.2025 in Writ Petition (MD). No.10916 of 2025 under Section 11 of the Contempt of Courts Act, 1971 .

For Petitioner : Mr.A.Amala For Respondent : Mr.S.Vinodh Government Advocate

ORDER

This contempt petition has been filed to punish the Contemnor/3rd respondent for his deliberate and willful disobedience of the order of this Court dated 21.04.2025 in Writ Petition (MD). No.10916 of 2025 under Section 11 of the Contempt of Courts Act, 1971.

2. The petitioner, who is the Correspondent of Melapallivasal Girls Higher Secondary School, Ilayangudi, has filed a writ petition in W.P(MD).No. 10916 of 2025 seeking mandamus directing the Chief Educational Officer, Sivagangai District, to approve the appointment of one S.A.Sabeer Ahamed as Office Assistant with effect from 02.08.2021 in the petitioner's school. This Court, by order dated 21.04.2025, has disposed of the said writ petition as follows:

"....

5.In view of the same, this Writ Petition is disposed of with a direction to the third respondent to consider the proposal dated 13.05.2024 of the petitioner and grant approval in accordance with law within a period of three weeks from the date of receipt of a copy of this order and disburse the grant-in-aid towards the salary to the person appointed as Office Assistant in the petitioner's school. ......"

3. When this contempt petition was taken up for hearing, the learned Government Advocate, based on the proceedings of the Chief Educational Officer, Sivagangai, in Na.Ka.No.4116/A2/2024 dated 16.12.2025, submitted that the proposal for appointment of one S.A.Sabeer Ahamed as Office Assistant was considered and rejected as there was already a surplus.

4. The learned counsel for the petitioner submitted that this Court had, in fact, issued a positive direction.

5. However, this Court is of the view that it has passed only an order directing the Chief Educational Officer, Sivagangai, to consider the proposal dated 13.05.2024 and grant approval in accordance with law. The Chief Educational Officer has rejected the approval on the ground that there was a surplus. Therefore, no case of contempt has been made out. Accordingly, this Contempt Petition is closed. The petitioner is at liberty to challenge the proceedings dated 16.12.2025 in Na.Ka.No.4116/A2/2024. 17-12-2025 NCC : Yes/No Index :Yes/No Rmk

To The Chief Educational Officer (i/c), Sivagangai, Sivagangai District.

B.PUGALENDHI,J.

Rmk CONT P(MD) No. 3213 of 2025 in W.P(MD).No.10916 of 2025 17.12.2025