R. Subbiah, J.

This contempt appeal is preferred against the order dated 13.12.2017 passed by the learned single Judge in Contempt Petition No. 1316 of 2017 in W.M.P. No. 15036 of 2017 in W.P. No. 13856 of 2017 whereby the learned single Judge allowed the Contempt Petition filed by the respondent herein. While allowing the contempt petition, the learned single Judge, in exercise of the powers conferred under Section 12 of The Contempt of Courts Act, sentenced the appellant herein to undergo simple imprisonment for a period of two months together with a fine of Rs.2,000/-, in default, to undergo simple imprisonment for a further period of 15 days for having disobeyed the order passed on 07.06.2017.

2. The facts which led to the filing of this Contempt appeal can succinctly be narrated as under.

3. The respondent herein has filed WP No. 13856 of 2017 wherein it is contended that the respondent is a religious congregation of catholic nuns, involved in educational and charitable activity. The respondent society was constituted by the congregation of 'Franciscan Sisters of St. Joseph' and it was registered under the Societies Registration Act, 1860. The respondent society is running several educational and charitable institutions for the welfare of poor and downtrodden. The respondent society is totally a non-profitable organisation. The respondent also established so many orphanages/children's home for the welfare of the marginalised children/destitute and it is involved in such mission for more than hundred years. One such children's home established by the respondent society during the year 2005 is at Door No.15, Nethaji Nagar, St. Thomas Mount, Chennai 600 016 called as 'Asisi Illam'. At the time of establishing Asisi Home, there were 11 children in the home. The District Collector Kancheepuram has accorded temporary recognition for running Asisi Home vide Certificate No. 22 of 2007 dated 07.02.2007 under the Orphanage and other Charitable Homes (Supervision and Control) Act, 1960. Subsequently, by proceedings dated 31.03.2011 and Proc.Roc.No.9861/CW2/2010, the authorities attached to the Directorate of Social Welfare, had accorded conditional registration for six months in favour of the respondent society from 01.04.2011 to 30.09.2011 under the Juvenile Justice (Care and Protection of Children) Act, 2000 as amended in 2006 in respect of Asisi home. Subsequently, by proceedings dated 04.04.2016 in No.2077/D1/2016, the Director, Directorate of Social Defence, Chennai had issued a certificate of provisional registration under Section 41 (1) of The Juvenile Justice (Care and Protection of Children) Act, 2015 for a period of six months in respect of Asisi Home. In the said Certificate, it was clearly mentioned that the available infrastructure in the children's home were assessed and that the home can admit a maximum of 35 children. It was also stated therein that the children's home had complied with the Rules and instructions issued by the Directorate from time to time. The authorities attached to the office of Directorate of Social Defence, Chennai also visited the 'Asisi home' from time to time and expressed their satisfaction regarding the manner in which the children were cared and protected therein.

4. According to the respondent, out of the 17 resident children who were under the care and protection of 'Asisi home' run by the respondent society, 12 were semi orphans. The rest of the 5 children were total destitutes as they were abandoned or had been handed over to the Director of Asisi Illam while they were just born, under various social circumstances by various persons. However, the children were taken under the custody of the said home, based on the statements furnished by the individuals, who were in dire straits. Presently, the 5 destitute children, 2 boys and 3 girls are in the age group of 9 to 12 years. From the date of their abandonment as toddlers, the parental guardian care has been fully conferred on the