Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
SHAMIM AHMED, J.
V. Monimozhi - Petitioner
Versus
Mr. T. John Britto – Respondent
Contempt Petition (MD)No.738 of 2025 In W.P.(MD)No.6759 of 2021
Decided On : 29-04-2025
(A) Contempt of Courts Act, 1971 - Initiation of contempt proceedings - Violation of Writ Court order dated 05.09.2024 in W.P.(MD)No.6759 of 2021 - Respondent's compliance affidavit found unsatisfactory - Court grants last opportunity for compliance within two days - Respondent assured compliance with Writ Court orders and revision of pay for the Petitioner. (Paras 5, 8, 9)
(B) Compliance with Court Orders - The duty of the respondent to comply with the orders of the Court is paramount, and failure to do so may lead to contempt proceedings. (Paras 6, 9)
Facts of the case:
The petition seeks contempt proceedings against the Respondent for not complying with the Writ Court's order regarding the regularization of the Petitioner's service and monetary benefits. The Respondent, represented by the District Educational Officer, assured compliance but was initially found lacking.
Findings of Court:
The Court found that the Respondent has complied with the Writ Court's order and directed the Respondent to grant revision of pay and disburse monetary benefits within four weeks.
Issues: The main issues were whether the Respondent complied with the Writ Court's order and the Petitioner's claim for revision of pay.
Ratio Decidendi: The Court emphasized the importance of compliance with its orders and the Respondent's duty to ensure that the Petitioner receives the benefits as per the Writ Court's directive.
Result: Contempt proceedings disposed of; Respondent discharged from contempt.
ORDER :
(SHAMIM AHMED, J.)
This is a petition seeking initiation of contempt proceedings against the Respondent for violation of the order, dated 05.09.2024 passed by the Writ Court in W.P.(MD)No.6759 of 2021.
2. Heard Mr.H.Mohammed Imran, learned counsel and Ms.R.Affrin Fathima, learned counsel for M/s.Ajmal Associates, appearing for the Petitioner and Mr.F.Deepak, learned Special Government Pleader, who accepts notice on behalf of the Respondent.
3. When the matter was taken up on 24.04.2025, this Court passed the following order:
“3. In compliance with the order passed by this Court dated 09.04.2025, Mr.T.John Britto, presently serving as the District Educational Office (Elementary), Oddanchatram, Dindigul District is present in person before this Court and has filed an affidavit of compliance.
4. Mr.F.Deepak, learned Special Government Pleader, appearing on behalf of the Respondent submits that proceedings regarding compliance with the orders passed by the Writ Court dated 05.09.2024 in W.P.(MD)No.6759 of 2021 and the Appellate Court dated 14.02.2025 in W.A.(MD)No.289 of 2025, have been initiated and forwarded to the concerned authorities.
5. Upon perusing the compliance affidavit submitted by Mr. T. John Britto, District Educational Officer (Elementary), Oddanchatram, Dindigul District, today, despite the clear directions given by this Court vide order dated 09.04.2025 in the present contempt petition, this Court remains unsatisfied with the explanation and affidavit filed by the District Educational Officer (Elementary), as it appears that he is merely passing the time and diluting the orders passed by this Court.
6. Mr.F.Deepak, learned Special Government Pleader, requests this Court to grant a last opportunity to comply with the orders passed by the Writ Court dated 05.09.2024 in W.P.(MD)No.6759 of 2021 and the Appellate Court dated 14.02.2025 in W.A.(MD)No.289 of 2025 as well as the order dated 09.04.2025 passed in the present contempt petition, within a period of two days from today. He assures the Court that the said orders will be complied with in its spirit and that all necessary efforts will be taken by the District Educational Office (Elementary) viz., Mr.T.John Britto, who is present before this Court.
7. Furthermore, Mr.T.John Britto, the District Educational Office (Elementary), request a final chance to comply the orders of this Court dated 09.04.2025 and assures the Court that he will comply with the orders passed by the Writ Court dated 05.09.2024 in W.P. (MD)No.6759 of 2021 and the Appellate Court dated 14.02.2025 in W.A.(MD)No.289 of 2025 as well as the order dated 09.04.2025 passed in the present contempt petition. He also undertakes to file a compliance affidavit along with the decision taken by them on or before the next date fixed by this Court.
8. On the assurance given by Mr.T.John Britto, the District Educational Office (Elementary) and by Mr.F.Deepak, learned Special Government Pleader, this court grants a last opportunity to the Respondent to comply with the orders passed by the Writ Court dated 05.09.2024 in W.P.(MD)No.6759 of 2021 and the Appellate Court dated 14.02.2025 in W.A.(MD)No.289 of 2025 as well as the order dated 09.04.2025 passed in the present contempt petition, within two days from today, without fail.
9. Mr.T.John Britto, presently serving as the District Educational Office (Elementary), Oddanchatram, Dindigul District, is directed to communicate the decision taken by them to the Petitioner on or before the next date fixed. Further, he is directed to appear in person before this Court along with a compliance affidavit and the decision taken by them on the next date fixed.
10. Put up this case on 29.04.2025 “For Orders” before this Court.
11. Let a copy of this order is given to Mr.F.Deepak, learned Special Government Pleader for its necessary compliance and information to the Respondent.”
4. Today, when the matter is being taken up, Mr.F.Deepak, learned Special Government Pleader for the Respo
Compliance with court orders is essential, and failure to comply may lead to contempt proceedings; the respondent must ensure the petitioner receives due benefits.
Court reaffirmed the necessity of compliance with judicial orders, emphasizing that non-compliance can lead to contempt proceedings under the Contempt of Courts Act.
Compliance with court orders is mandatory, and failure to adhere can lead to contempt proceedings as ruled in the present case.
Court emphasized the necessity of compliance with judicial orders, ruling that willful disobedience constitutes contempt under the Contempt of Courts Act, 1971.
Compliance with court orders, once established, mitigates contempt proceedings, reaffirming the importance of procedural respect by public authorities.
Compliance with court orders is essential, and failure to do so may lead to contempt proceedings, as emphasized by the court's directive for timely disbursement of benefits.
Compliance with court orders is essential; non-compliance leads to contempt, but established compliance results in discharge from contempt proceedings.
Non-compliance with court orders constitutes contempt, but fulfillment of directives leads to discharge from contempt proceedings.
Court dismissal of contempt based on compliance with previous orders and procedural rights for further challenges establishes adherence to judicial processes.
Compliance with court orders is essential, and failure to do so may lead to contempt proceedings, which can be dropped upon fulfillment of the order.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
