Madras High Court
S.Natarajan vs Mrs.P.Amudha on 21 July, 2025
Contempt Petition (MD)No.1469 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
Contempt Petition (MD)No.1469 of 2025
In
W.P.(MD)No.14842 of 2013
S.Natarajan,
S/o.V.Shanmugam Pillai,
3/95, Poosai Kinaru Street,
Kuruvikulam, Sankarankovil Taluk,
Tenkasi District. ...Petitioner/Petitioner
Vs
1.Mrs.P.Amudha, I.A.S.,
The Secretary to Government,
Revenue Department,
Secretariat, Chennai – 9.
2.The Principal Secretary cum Commissioner
For Revenue Administration,
Chepauk,
Chennai – 600 005.
3.The Senior Accounts Officer/pen 26,
O/o. The Principal Accountant General, (Accounts and Entitlements),
No.361, Anna Salai, Chennai – 16.
Tamil Nadu. ...Contemnors/Respondents
(R-2 and R-3 are impleaded vide Court Order dated 07.07.2025 in
Contempt Petition (MD)No.1469 of 2025)
1/15
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Contempt Petition (MD)No.1469 of 2025
PRAYER: Contempt Petition is filed under Section 11 of Contempt of
Courts Act, to punish the Contemnors/Respondents for willfully
disobeying and not complying with the order passed by this Court in
W.P(MD)No.14842 of 2013, dated 25.10.2016.
For Petitioner : Mr.A.Sheik Nasurdeen
For Respondents : Mr.M.Ajmal Khan
Additional Advocate General
Assisted by
Mr.F.Deepak
Special Government Pleader
(R-1 & R-2)
Mr.P.Gunasekaran
Standing Counsel
(R-3)
ORDER
This is a petition seeking initiation of contempt proceedings against
the Respondents for violation of the order, dated 25.10.2016 passed by this
Court in W.P.(MD)No.14842 of 2013.
2. Heard Mr.A.Sheik Nasurdeen, learned counsel appearing for the
Petitioner, Mr.M.Ajmal Khan, learned Additional Advocate General
Assisted by Mr.F.Deepak, learned Special Government Pleader who
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Contempt Petition (MD)No.1469 of 2025
accepts notice on behalf of the Respondents 1 & 2 and Mr.P.Gunasekaran
learned Standing Counsel who accepts notice on behalf of the 3rd
Respondent. Therefore, no further notice is required to be issued to the
Respondents.
3. When the matter was taken up on 07.07.2025, this Court passed the
following order:
“Heard Mr.A.Sheik Nasurdeen, learned counsel
appearing for the Petitioner and Mr.F.Deepak, learned
Special Government Pleader accepts notice on behalf
of the Respondents. Therefore, no further notice is
required to be issued to the Respondents.
2. As prayed for by the learned counsel for the
Petitioner, this Court directs the Petitioner to implead
the Principal Secretary cum Commissioner, for
Revenue Administration, Chepauk, Chennai – 600 005
as 2nd Respondent and the Senior Accounts Officer/pen
26, O/o. The Principal Accountant General, (Accounts
and Entitlements), No.361, Anna Salai, Chennai – 16,
Tamil Nadu, as the 3rd Respondent in this Writ Petition.
3. This Contempt Petition has been filed for non
compliance of the judgment and order dated
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Contempt Petition (MD)No.1469 of 2025
25.10.2016 passed in W.P.(MD)No.14842 of 2013 and
the learned Single Judge of the Writ Court allowed the
said Writ Petition in the following terms:
“6.Considering the fact that the
petitioner has put in total service of ten
years, two months and seventeen days, the
petitioner is entitled to get the minimum
pension in the light of G.O.Ms.No.756,
Revenue Department, dated 17.08.1993.
Hence, the order of the third respondent
refusing to grant the minimum pension to the
petitioner is liable to be set aside.
7. Accordingly, I am inclined to pass the
following orders:-
a) The Writ petition is allowed and the
order of the third respondent in Pen
26/5/32604888/ RVN/12-13/ADKCL/67,
dated 22.04.2013 is set aside.
b) The first respondent is directed to
sanction minimum pension to the petitioner
in the light of G.O.Ms.No.756, dated
17.08.2013 within a period of eight weeks
from the date of receipt of a copy of this
order. No costs.”
4. The learned counsel for the Petitioner submits
that against the judgment and order passed by the Writ
Court dated 25.10.2016 in W.P.(MD)No.14842 of
2013, the Respondents have preferred Writ Appeal
bearing W.A.(MD)No.897 of 2018 which was dismissed
by the Division Bench of this Court vide judgment and
order dated 05.08.2024. The copy of the Appellate
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Contempt Petition (MD)No.1469 of 2025
Court order finds place at page no.76 of the paper
book. For better appreciation, the relevant portion of
the said judgment and order is reproduced hereunder:
“12. Therefore, viewed from any angle,
we are of the considered opinion that there
are no grounds to upset the order of the
learned single Judge.
13. It must be pointed out that the
petitioner, at a time, when the emoluments
were minimum, had discharged noble
service as Village Karnam and subsequently,
as Village Administrative Officer. Such
service should be appreciated.
14. We find no merits in the writ
appeal. The writ appeal is dismissed. No
costs. Consequently connected
Miscellaneous Petitions are closed.”
Thus, the learned counsel for the Petitioner
submits that the Respondents have not complied with
the judgment and order of the Writ Court as well as the
Appellate Court and they have wilfully and deliberately
flouting the orders passed by both Courts.
5. Mr.F.Deepak, learned Special Government
Pleader for the Respondents submits that against the
judgment and order passed by the Appellate Court
dated 05.08.2024 in W.A.(MD)No.897 of 2018, the
Respondents filed Review Application in the month of
February, 2025.
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Contempt Petition (MD)No.1469 of 2025
6. When this Court posed the question to the
learned Special Government Pleader General
regarding whether any interim order had been passed
by the Hon'ble Division Bench in the Review
Application, he submits that no interim order has been
passed in the Review Application and it has only been
numbered.
7. The learned counsel for the Petitioner submits
that this is a ploy adopted by the Respondents to
frustrate the contempt proceedings and evade
compliance with the judgment and order passed by the
Writ Court dated 25.10.2016 in W.P.(MD)No.14842 of
2013 as well as the Appellate Court dated 05.08.2024
in W.A.(MD)No.897 of 2018. He submits that the
Respondents cannot seek any indulgence or sympathy
from this Court since no interim order has been passed
in the Review Application. The Respondents' plea that
the Review Application is filed to frustrate the purpose
of the contempt proceedings appears to be an
afterthought, as the Review Application is filed with a
delay of more than 5 months. The learned counsel
therefore submits that the Respondents failure to
comply with the directions of the Writ Court amounts
to wilful and deliberate disobedience, and the
Respondents are in contempt. He requests that the
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Contempt Petition (MD)No.1469 of 2025
Respondents may be summoned before this Court and
punished for committing contempt under Sections 11
and 12 of the Contempt of Courts Act, 1971.
8. The learned counsel for the Petitioner further
submits that the Petitioner has been approaching the
High Court since 2013 and was unnecessarily dragged
into litigation, incurring huge expenditure on counsel
fees. He also draws the attention of this Court to the
judgment and order passed by the Division Bench of
this Court in the case of The District Educational
Officer, Tenkasi, Tenkasi District vs S.Packia Ruby
[W.A.(MD)No.1142 of 2023, dated 29.10.2024],
wherein the Division Bench made the following
observations:
“3.We see no reason to interfere with the
order of the Writ Court. The authorities will
approve the appointment of the 1st respondent
as Secondary Grade Teacher and also pay her
salary and other attendant benefits with effect
from the date of her appointment till date of
payment within 12 weeks from the date of
receipt of copy of this order. If the amount is not
paid within 12 weeks, the authorities will pay
12% interest from the date of which the amount
actually became due till the date of payment. No
Costs. Consequently, connected miscellaneous
petition is closed.”
The learned counsel for the Petitioner submits
that, in line with the direction of the Division Bench,
this Court should direct the Respondents to pay interest
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Contempt Petition (MD)No.1469 of 2025
at the rate of 12% per annum on the belated payment of
arrears from the date the amount became due (i.e., the
date of the Writ Court's order, 25.10.2016) till the
actual payment is made, considering the delay caused
by the Respondents.
9. This Court, after hearing the submissions made
by the learned counsel for the parties and perusing the
judgment and order passed by the Writ Court dated
25.10.2016 in W.P.(MD)No.14842 of 2013, as well as
the Appellate Court dated 05.08.2024 in W.A.(MD)No.
897 of 2018, and considering the submissions made by
the learned Special Government Pleader that a Review
Application has been filed, is of the view that mere
filing of a Review Application does not confer any
benefit upon the Respondents, as no interim order was
passed in the Review Application. It appears that the
application was filed solely as a ploy to frustrate the
judgment passed by both the Writ Court and the
Appellate Court, as the Review Application was filed in
February 2025. Therefore, this Court deems it
necessary to initiate proceedings against the
Respondents for their alleged non-compliance with the
said orders.
10. At this juncture, Mr.F.Deepak, learned Special
Government Pleader for the Respondents, requests time
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to ensure compliance with the judgment and order
passed by the Writ Court dated 25.10.2016 in
W.P.(MD)No.14842 of 2013. He also assures this Court
that whatever order is passed by this Court will be fully
complied with and requests ten days time to ensure
compliance with the said order. In this regard, he
undertakes to file a compliance affidavit along with the
decision taken by the Respondents on or before the next
date fixed.
11. In view of the assurance made by the learned
Special Government Pleader, this Court grants the
Respondents a final opportunity to comply with the
judgment and order of the Writ Court dated 21.02.2014
in W.P.(MD)No.14651 of 2012, as well as the Appellate
Court dated 28.08.2018 in W.A.(MD)No.302 of 2018,
without fail, within a period of ten days from today.
12. In view of the judgment and order passed by
the Division Bench of this Court in the case of The
District Educational Officer, Tenkasi, Tenkasi District
vs S.Packia Ruby [W.A.(MD)No.1142 of 2023, dated
29.10.2024], this Court directs the Respondents to
consider and pay 12% interest on the belated payment
of arrears from the date of the Writ Court's order till
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the actual payment is made, considering the delay
caused by the Respondents, since the Writ Court passed
the order on 25.10.2016.
13. The Respondents are directed to communicate
their decision to the Petitioner and file an affidavit of
compliance on the next date fixed. Failure to comply
with this order within the stipulated timeframe will
require the Respondents to appear in person before this
Court on the next date fixed to explain why the order of
the Writ Court has not been complied with and
therefore this Court will proceed to initiate the
contempt proceedings against the Respondents.
14. Put up this case on 21.07.2025 “For Further
Orders” before this Court.
15. Let a copy of this order be given to
Mr.F.Deepak, learned Special Government Pleader for
its necessary compliance and information to the
Respondents.
4. In compliance with the order dated 07.07.2025 passed by this Court
in the present contempt petition, Mr.M.Ajmal Khan, learned Additional
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Contempt Petition (MD)No.1469 of 2025
Advocate General assisted by Mr.F.Deepak, learned Special Government
Pleader for the Respondents, produced a letter dated 18.07.2025 and the
Government Order in G.O.(Ms)No.484, Revenue and Disaster
Management [Ser.8(2)] Department dated 18.07.2025, passed by the 1st
Respondent/Additional Chief Secretary to Government to District
Collector, Tenkasi District along with the compliance affidavit and submits
that the Respondents have complied with the orders passed by the Writ
Court dated 25.10.2016 in W.P.(MD)No.14842 of 2013. The said fact has
been stated in paragraph nos.6 & 7 of the compliance affidavit. He further
submits that the monetary benefits due to the Petitioner will be paid within
a period of six weeks from today, after completing other formalities. A
copy of the said orders and the compliance affidavit has been taken on
record and furnished to the learned counsel for the Petitioner. Thus, the
Respondents have complied with the order of the Writ Court dated
25.10.2016 passed in W.P.(MD) No.14842 of 2013. Therefore, he prays
that the Respondents may be discharged from the contempt proceedings
and the present contempt petition may be disposed of accordingly.
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5. Mr.A.Sheif Nasurdeen, learned counsel appearing for the
Petitioner, submits that he has received a copy of the letter as well as the
Government Order dated 18.07.2025 along with the compliance affidavit
and submits that the direction issued by the Writ Court vide judgment and
order dated 25.10.2016 passed in W.P.(MD) No.14842 of 2013 has been
complied with. However, in respect of monetary benefits, there is no
mention in the order dated 18.07.2025. He further submits that, as assured
by the Additional Advocate General, the monetary benefits are to be paid
by the Respondents to the Petitioner within six weeks. He has no objection
to the Respondents being discharged from the contempt proceedings at this
stage, and the contempt petition may be disposed of accordingly.
6. Considering the submissions made by the learned counsel for the
Petitioner and the learned Additional Advocate General for the
Respondents, and upon perusal of the letter as well as the Government
Order in G.O.(Ms)No.484, Revenue and Disaster Management [Ser.8(2)]
Department dated 18.07.2025, this Court is satisfied that the Respondents
have complied with the judgment and order of the Writ Court dated
25.10.2016 in W.P.(MD)No.14842 of 2013. The learned Additional
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Contempt Petition (MD)No.1469 of 2025
Advocate General has also assured that the monetary benefits will be
disbursed in the account of the Petitioner within a period of six weeks from
today. In view of this assurance, this Court deems it appropriate to drop the
contempt proceedings. Accordingly, the Respondents are discharged from
the contempt proceedings at this stage.
7. In view of the above, the Contempt Petition is disposed of at this
stage with a direction to the Respondents to disburse the monetary benefits
to the Petitioner within a period of six weeks from today, without fail. The
file shall be consigned to the record. There shall be no order as to costs.
21.07.2025
NCC:yes/no
Index:yes/no
Internet:yes/no
Nsr
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Contempt Petition (MD)No.1469 of 2025
To:
1.The Secretary to Government,
Revenue Department,
Secretariat, Chennai – 9.
2.The Principal Secretary cum Commissioner
For Revenue Administration,
Chepauk,
Chennai – 600 005.
3.The Senior Accounts Officer/pen 26,
O/o. The Principal Accountant General, (Accounts and Entitlements),
No.361, Anna Salai, Chennai – 16.
Tamil Nadu.
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Contempt Petition (MD)No.1469 of 2025
SHAMIM AHMED, J.
Nsr
Contempt Petition (MD)No.1469 of 2025
21.07.2025
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