Dismissed

S. Kalaiselvi, v. Arivozhi

Madras HC25 Sept 2023CONT P(MD)/959/2022

Case brief

AI extract

What is this about?

The Madurai Bench dismissed two contempt petitions filed for willful disobedience of a previous order directing the settlement of monetary benefits. The Court accepted the respondents' unconditional apology and closed the petitions with a warning after confirming the benefits were eventually settled.

What did the court decide?

The Contempt Petitions are closed with a warning to the respondents to be more careful in implementing future court orders.

S. Kalaiselvi, Vs Arivozhi — Writ and Judicial Review | Madras HC (2023)

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CONT.P.(MD) Nos.959 of 2022 and 531 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 25.09.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE BATTU DEVANAND

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CONT P(MD)Nos.959 of 2022 and 531 of 2023 In Cont P(MD)No.531 of 2023:

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S. Kalaiselvi ...Petitioner

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Vs.

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Thiru. Dr. Arivozhi,

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Director of Elementary School Education, DPI Campus, College Road, Chennai.

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Thiru. Alocious Christober, District Educational Officer, Sankarankovil, Now at Tenkasi, Tenkasi District.

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Thiru. Anthony Raj,

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Block Educational Officer, Sankarankovil,

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Tenkasi District. ....Respondents

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Prayer: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to pleased to punish the contemnors/ respondents for their will full disobedience of the order made in CONT. P. (MD) No.959 of 2022 to W.P. (MD) No. 14203 of 2019 dated 11.11.2022 on the file of this Court.

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https://www.mhc.tn.gov.in/judis

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CONT.P.(MD) Nos.959 of 2022 and 531 of 2023

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In Cont P(MD)No.959 of 2022:

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S.Kalaiselvi ...Petitioner

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Vs.

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Thiru. Dr. Arivozhi, Director of Elementary School Education, DPI Campus, College Road, Chennai.

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Thiru. Jeyaprakash Rajan, District Educational Officer, Sankarankovil, Tenkasi District.

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Thiru. Anthony Raj, Block Educational Officer, Sankarankovil, Tenkasi District.

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Thiru. Ramasamy, Secretary, Hindu Middle School, Ariyanayagapuram, Kadayanallur Taluk, Tenkasi District. ....Respondents

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Prayer: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to pleased to punish the contemnors/ respondents for their will full disobedience of the order made in W.P.(MD) No.14263 of 2019 dated 15.07.2021 on the file of this Court.

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In both Contempt Petitions: For Petitioner : Mr.S.Kumar For Respondents : Mr.R.Baskaran Senior Counsel for Mr.V.Nirmal Kumar

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https://www.mhc.tn.gov.in/judis

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CONT.P.(MD) Nos.959 of 2022 and 531 of 2023

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C O M M O N O R D E R

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The Contempt Petition in Cont.P(MD)No.959 of 2022 has

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been filed complaining the willful disobedience of the order dated 15.07.20217 in W.P(MD)No.14763 of 2018 in true letter and spirit. Originally, the same was closed on 11.11.2022 recording the undertaking given by the learned counsel appeared for the respondents with a direction to settle all the monetary benefits payable to the petitioner as per the undertaking given by the respondents. In view of the same, the respondents ought to have settled all the monetary benefits to the petitioner within the period of 3 months from 11.11.2022.

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2. Complaining that the undertaking given before this Court on 11.11.2022 in Cont.P(MD)No.959 of 2022 has not been complied with, the petitioner has filed Cont.P(MD)No.531 of 2023 before this Court.

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3. Considering the facts and circumstances of the case, this

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Court was pleased to re-open Cont.P(MD)No.959 of 2022 on 03.08.2023.

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https://www.mhc.tn.gov.in/judis

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CONT.P.(MD) Nos.959 of 2022 and 531 of 2023

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4. On 24.08.2023, Statutory Notice was issued in both the Contempt Petitions. In compliance of the Statutory Notice dated 24.08.2023, Dr.Arivozhi, Mr.Alocious Christober, Mr.V.Anthony Raj and Mr.Ramasamy (i.e) Respondents herein are present before this Court.

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5. Today, when the matters are taken up for hearing, the

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learned counsel for the petitioner submits that all the benefits, for which the petitioner is entitled, are settled on 19.09.2023.

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6. On consideration of the statement of the learned counsel for the petitioner, it is proved that unless this Court issued Statutory Notice seeking the personal appearance of the respondents, the respondents would not have implemented the order of the Court. Admittedly, in the present case, there is clear willful disobedience in fulfilling the undertaking given by the respondents before this Court on 11.11.2022 and as such, the respondents are liable for the punishment under the provisions of the Contempt of Courts Act.

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https://www.mhc.tn.gov.in/judis

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CONT.P.(MD) Nos.959 of 2022 and 531 of 2023

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7. At this juncture, when this Court asked the respondents about the punishment to be imposed against them, they tendered unconditional apology for the delay caused in fulfilling the undertaking given by them before this Court on 11.11.2022 and requested to accept the unconditional apology.

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8. In view of the fact that the petitioner has received all monetary benefits as of now and considering the unconditional apology tendered by the respondents, this Court intends to take some lenient view against them. Accordingly, the unconditional apology tendered by the respondents is accepted considering it as bonafide.

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9. Accordingly, the Contempt Petitions are closed with a warning to the respondents to be more careful and cautious in implementing the orders of this Court in future.

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25.09.2023

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Index : Yes / No NCC : Yes / No

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https://www.mhc.tn.gov.in/judis

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CONT.P.(MD) Nos.959 of 2022 and 531 of 2023

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To,

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Thiru. Dr. Arivozhi, Director of Elementary School Education, DPI Campus, College Road, Chennai.

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Thiru. Jeyaprakash Rajan, District Educational Officer, Sankarankovil, Tenkasi District.

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Thiru. Anthony Raj, Block Educational Officer, Sankarankovil, Tenkasi District.

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Thiru. Ramasamy, Secretary, Hindu Middle School, Ariyanayagapuram, Kadayanallur Taluk, Tenkasi District.

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Thiru. Alocious Christober, District Educational Officer, Sankarankovil, Now at Tenkasi,

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https://www.mhc.tn.gov.in/judis

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CONT.P.(MD) Nos.959 of 2022 and 531 of 2023

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Tenkasi District.

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https://www.mhc.tn.gov.in/judis

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CONT.P.(MD) Nos.959 of 2022 and 531 of 2023

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BATTU DEVANAND, J.

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CONT P(MD)Nos.959 of 2022 and 531 of 2023

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25.09.2023

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https://www.mhc.tn.gov.in/judis

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S. Kalaiselvi, v. Arivozhi

Case brief

What is this about?

What did the court decide?

S. Kalaiselvi, v. Arivozhi

Case brief

What is this about?

What did the court decide?

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