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2025 Supreme(Mad) 4528

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Shamim Ahmed, J.
B.Stanley Jespher - Petitioner
Versus
Mr.S.Kannappan, Director of Elementary Education – Respondent
Contempt Petition (MD)No.911 of 2025 In W.P.(MD)No.6755 of 2018
Decided On : 11-06-2025


Advocates:
Advocate Appeared:
For the Petitioner: Mr. V. Panneer Selvam
For the Respondent: Mr. D.Sadiq Raja Additional Government Pleader

Compliance with court orders is mandatory, and failure to adhere can lead to contempt proceedings as ruled in the present case.

Headnote:(A) Contempt of Courts Act, 1971 - Sections 11 and 12 - Contempt proceedings initiated for violation of orders passed by the Writ Court - The Respondents failed to comply with the judgment and order directing approval of appointments of petitioners promptly, leading to contempt proceedings. (Paras 1, 5, 6 and 7)

(B) Compliance with Court Orders - The Court emphasized that compliance with its directions is mandatory, and non-compliance could lead to strict actions, including contempt proceedings. (Paras 5, 6 and 7)

Facts of the case:
The petitioner filed contempt proceedings against the respondents for failing to comply with a Writ Court order dated 15.03.2019, concerning approval for appointments of petitioners. The respondents argued that they complied due to a lack of specific language in the original order regarding appointment dates.

Findings of Court:
The Court found that the respondents had indeed complied with the Writ Court’s order and assured that the monetary benefits would be disbursed within a stipulated time.

Issues: The main issues involved whether the respondents had wilfully disobeyed the orders of both the Writ Court and the Appellate Court.

Ratio Decidendi: The court ruled that the respondents had complied with the Writ Court's orders, thus dismissing the contempt proceedings. The Court accepted the respondents' assurance to handle financial disbursements timely.

Result: Contempt Petition disposed of with directions to disburse payments.

Table of Content
1. context and background of the contempt petition - What constitutes willful disobedience of a court order? (Para 1 , 2)
2. arguments regarding compliance and contempt - What constitutes willful disobedience of a court order? (Para 3 , 4)
3. court's findings on compliance and assurance - How did the court assess the respondents' compliance? (Para 5 , 6 , 7)

ORDER :

Shamim Ahmed, J.

This is a petition seeking initiation of contempt proceedings against the Respondents for violation of the order, dated 15.03.2019 passed by this Court in W.P.(MD)No.6755 of 2018.

2. This Court vide order dated 25.04.2025 passed the following order:

“2. Mr.V.Panneer Selvam, learned counsel for the petitioner, submits that the petitioner has filed the present contempt petition for non compliance of the judgment and order passed by the Writ Court in a bunch of Writ Petitions in W.P. (MD)Nos.18789 of 2017 etc., batch and the Petitioner's Writ Petition in W.P.(MD) No.6755 of 2018 and the learned Single Judge of this Court vide order dated 15.03.2019 disposed of the aforementioned writ petitions. For better appreciation, the relevant portion of the order is reproduced below:

“8.However, considering the fact that the issue involved in these writ petitions had already been decided by this Court in a number of cases, the Government authorities are directed to grant approval to the petitioners at the earliest. As and when the approval is granted and deployment order is passed considering the surplus strength, such deployment order is to be given forthwith by the Management with immediate effect.

9.With the above direction, these Writ Petitions are disposed of. No costs. Consequently, WMP(MD)Nos.15211, 19875, 19876 of 2017 and 38 of 2018 are closed.”

3. The learned counsel for the Petitioner submits that aggrieved by the order of the Writ Court dated 15.03.2019 in W.P.(MD)No.6755 of 2018, the Respondents filed a bunch of Writ Appeals in W.A.(MD)Nos.1341 of 2019 etc., batch and the leading Writ Appeal is W.A(MD)No.662 of 2021. The Division Bench of this Court, vide its judgment and order dated 07.08.2023, disposed of the said Writ Appeals. A copy of the said judgment is annexed at page no.26 of the typed set of papers. For better appreciation, the relevant portion of the order is reproduced below:

“10. We find no merit in this submission for two reasons. Firstly, the orders passed by the Division Benches / Single Benches on earlier occasions, could well have attracted the same arguments. However, and notwithstanding this, those orders have been implemented.

11. Secondly, the Special Leave Petition filed by the State is still pending before the Hon'ble Supreme Court. If the State was truly serious about this submission, there is no justification in it pursuing the Special Leave Petition, simultaneously.

12. We are thus inclined to reiterate the view already taken by us in W.A.(MD)No.1076 etc., batch, by order dated 26.07.2023. There is a direction to the State to approve the appointments of the respondents/Writ Petitioners subject to the result of S.L.P.(C)No. 15702 of 2021 challenging order dated 31.03.2021 passed in W.A.(MD)No.76 of 2019, within a period of four weeks from date of receipt of a copy of this order.

13. These Writ Appeals stand disposed in terms of the above order. No costs. Consequently, connected miscellaneous petitions are closed”

4. The learned counsel for the Petitioner further submits that despite the judgments and orders passed by the Writ Court dated 15.03.2019 in W.P.(MD)No.6755 of 2018 as well as the Appellate Court dated 07.08.2023 in W.A(MD)No.662 of 2021, the Respondents have not complied with the directions of the Writ Court and they have wilfully and deliberately flouted the orders passed by both the Courts. Thus, the learned counsel submits that the Respondents are in contempt and may be summoned before this Court and punished for committing contempt by exercising the powers under Sections 11 and 12 of the Contempt of Courts Ac

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