@JUDGMENTTAG-ORDER
M. Jaichandren, J.@mdashThis Contempt Petition has been filed, u/s 11 of the Contempt of Courts Act, 1971, to punish the Respondents for their
wilful disobedience of the order, passed by this Court, on 06.10.2010, in W.P.(MD) No. 12568 of 2010.
2. It has been stated that this Court had passed an order, on 06.10.2010, in W.P.(MD) No. 12568 of 2010, permitting the seventeen children,
whose names had been mentioned therein, to attend the funeral of the Petitioner''s wife Shelina, held at Nilakkottai, Dindigul District, at 4.30 p.m,
on 06.10.2010. By the said order, the Petitioner had been directed to take the children, safely, to attend the funeral, from the second Respondent,
Child Care Centre, Gandhigram University, Gandhigram, Dindigul District. It had also been directed that the children shall be accompanied by at
least two responsible officers of the second Respondent, Child Care Centre.
3. It had also been stated that it shall be the responsibility of the Petitioner, as well as the Respondents, to ensure that sufficient arrangements are
made for the convenience of the children, by providing them the basic amenities, during their trip. In the said order, it had also been stated that all
the children, who had attended the funeral, should be taken back to the second Respondent, Child Care Centre, Gandhigram University,
Gandhigram, Dindigul District, by 6 p.m. on 06.10.2010. Further, it was made clear that the custody of the children should remain only with the
authorised officer of the second Respondent, namely, the Child Care Centre, Gandhigram University, Gandhigram, Dindigul District. In spite of
such an order being passed by this Court and the same having been communicated to the contemnors, by Mr. K.M. Vijayakumar, the learned
Special Government Pleader, appearing on behalf of the Respondents in the Writ Petition, by way of a telephonic message, the contemnors had
wilfully disobeyed the order passed by this Court.
4. It has also been stated that in spite of contemnors having knowledge of the order, they had successfully prevented the children from attending
the funeral of Shelina, the wife of the Petitioner, deliberately, with mala fide motives. Thus, they had committed contempt of court by their wilful
disobedience of the order passed by this Court, in W.P.(MD). No. 12568 of 2010, dated 06.10.2010. Therefore, they are liable to be punished,
as per the provisions of the contempt of Courts Act, 1971,
5. In the counter affidavit filed on behalf of the Respondents, it has been stated that they had not disobeyed the order passed by this Court, on
06.10.2010, in W.P.(MD). No. 12568 of 2010, either wilfully or wantonly. It has also been stated that they had not been heard at the time of the
passing of the order, though Mr. K.M. Vijayakumar, the learned Special Government Pleader, appearing on behalf of the Respondents, had taken
notice on their behalf.
6. It has been further stated that the telegram sent by the Assistant Registrar (P&A), Madurai Bench of Madras High Court, on 06.10.2010, had
been received by the Respondents only, on 09.10.2010. Immediately, thereafter, the second Respondent had sent a communication to the first
Respondent stating the reason for not being in a position to comply with the said order. The reasons for not obeying the order of this Court, in
W.P.(MD). No. 12568 of 2010, dated 06.10.2010, has also been sent to the Assistant Registrar (P&A), Madurai Bench of the Madras High
Court. Since, the Respondents had not received any written communication, on 06.10.2010, the children could not be sent to Nilakkottai, to
attend the funeral of the Petitioner''s wife. There was no wrongful intention on the part of the Respondents to disobey the order, dated 06.10.2010,
made in W.P.(MD). No. 12568 of 2010.
7. It had been stated that if the Respondents had knowledge of the order, on 06.10.2010, they would have obeyed the order, both in letter and
spirit. It had also been stated that the Respondents tender their unconditional apology, if this Court, for some reason, finds that the Respondents
had committed contempt of Court.
8. In view of the averments made in the affidavit filed in support of the Contempt Petition and in view of the submissions made on behalf of the
Petitioner, as well as the Respondents, and in view of the counter affidavit filed on behalf of the Respondents, this Court does not find sufficient
cause or reason to punish the Respondents for contempt of Court for their wilful disobedience of the order passed by this Court, on 06.10.2010,
in W.P.(MD). No. 12568 of 2010. It is not in dispute that the copy of the order passed by this Court, on 06.10.2010, could not be served on the
Respondents before the funeral had taken place, at 4.30 p.m., on 06.10.2010, at Nilakkottai. The Petitioner had booked the telegram at the
telegraph office, Dindigul, at 5.18 p.m., on 06.10.2010, and it had been received by the second Respondent only, at 18.30 hours, on the same
day. As the funeral of the Petitioner''s wife had taken place, at 4.30 p.m., at Nilakkottai it had not been possible for the Respondents to permit the
children to attend the said funeral, as this Court had also directed that the children should be taken back to the second Respondent, Child Care
Centre, Gandhigram, Dindigul District, by 6.00 p.m., on 06.10.2010, after their visit to Nilakkottai, in Dindigul District.
9. It is also noted that even though there is no dispute regarding the fact that Mr. K.M. Vijayakumar, the learned Special Government Pleader, had
sent a telephonic message to the Respondents, with regard to the order passed by this Court, on 06.10.2010, in W.P.(MD). No. 12568 of 2010,
the Respondents were not in a position to verify the authenticity of the said message. The Respondents had also stated that they have the greatest
regard for the orders passed by this Court and that they would have implemented the order passed by this Court, if it had reached them in time.
There is nothing to show, on behalf of the Petitioner, that the copy of the order had been received by the Respondents well before the funeral had
commenced, at 4.30 p.m., at Nilakkottai.
10. Further, the Respondents had tendered their unconditional apology, if this Court, for some reason, finds that they had committed contempt by
disobeying the order passed by this Court, on 06.10.2010, in W.P.(MD). No. 12568 of 2010. In such circumstances, it cannot be said that the
Respondents had committed contempt of Court by their wilful disobedience of the order passed by this Court, on 06.10.2010, in W.P.(MD) No.
12568 of 2010. Therefore, this Contempt Petition stands closed.
