S.Felsi Bai v. S.Kannappan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 07.04.2025 Pronounced on : 28.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND Cont.P.(MD)No.3186 of 2024 in W.P.(MD)No.13987 of 2024 S.Felsi Bai ... Petitioner / Petitioner Vs.
1. S.Kannappan, Director of School Education, Perasiriyar Anbazhagan Campus, DPI Complex, College Road, Chennai - 600 006.
2. Baladhandauthapani, Chief Educational Officer, Kanniyakumari District. ... Contemnors/Respondents PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to pleased to punish the respondents herein for the deliberate and willful disobedience of the order of this Honourable court dated 28.06.2024 in WP(MD) .No.13987 of 2024 amounting to contempt of Courts Act, 1971 and pass such further or other suitable Orders as this Court. For Petitioner : Mr.E.V.N. Siva For Respondent : Mr.R.Baskaran Senior Counsel for Mr.M.Siddharthan
O R D E R
While allowing a writ petition in WP(MD)No.13987 of 2024 on 28.06.2024, this Court issued the following direction: "The respondents are directed to consider the representation of the petitioner for counting 50% of the services rendered by them as part time Vocational Instructors by taking into account of the various orders in the writ petitions and the judgment of this Court dated 21.04.2017 made in W.A(MD)No.392 of 2027 etc.batch"
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 contemnors 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 Rehoboth Home for Mentally Challenged Women, No.22, Viswasa
Nagar, Koluthuvancheri, Paranaiputhur, Ayyappanthangal, Chennai 600 122 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 Rehoboth Home for Mentally Challenged Women, No.22, Viswasa Nagar, Koluthuvancheri, Paranaiputhur, Ayyappanthangal, Chennai 600 122 To,
1. S.Kannappan, Director of School Education, Perasiriyar Anbazhagan Campus, DPI Complex, College Road, Chennai - 600 006.
2. Baladhandauthapani, Chief Educational Officer, Kanniyakumari District.
BATTU DEVANAND , J., CM Cont.P.(MD)No.3186 of 2024 in W.P.(MD)No.13987 of 2024 28.04.2025