Madras High Court
V.K.Radhamani vs The Secretary To Government on 24 June, 2025
CONT.P(MD)No.1620 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.06.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CONT.P(MD) No.1620 of 2024
in
W.P.(MD) No.759 of 2008
V.K.Radhamani
D/o.P.Vasudevan Nambi,
W/o.Late Gopalakrishnan
Record Clerk, Attoor Panchayat,
Thiruvarambu,
Thiruvattur Post,
Kanyakumari District. ... Petitioner
vs.
1.The Secretary to Government,
Municipal Administration and Water Supply
(Peroo.1) Department,
Fort St.George,
Chennai 600 009.
2.The District Collector,
Kanyakumari District,
Nagercoil.
3.The District Town Panchayat Officer,
Kanyakumari District,
Nagercoil.
4.The Executive Officer,
Town Panchayat,
Attoor Town Panchayat,
Kanyakumari District. ... Respondents
PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court
to punish the contemnors for their wilful and wanted disobedience to the order
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/06/2025 12:05:19 pm )
CONT.P(MD)No.1620 of 2024
of this Court passed in W.P.(MD) No.759 of 2008 dated 25.03.2011 and direct
them to obey the order passed by this Court.
For Petitioner :Mr.H.Thayumanaswamy
For Respondents :Mr.D.Sadiq Raja
Additional Government Pleader
ORDER
This Contempt Petition has been filed to punish the
contemnors/respondents for wilfully disobeying and not complying with the
judgment and order of this Court made in W.P(MD) No.759 of 2008, dated
25.03.2011.
2.Heard Mr.H.Thayumanaswamy, learned counsel for the petitioner
and Mr.D.Sadiq Raja, learned Additional Government Pleader for the
respondents.
3.This Court, vide judgment and order, dated 25.03.2011, had passed
the following order:-
“15. Hence, I am of the view that the impugned order is liable to
be quashed and accordingly, the impugned order passed by the
respondent dated 31.10.2007 in Na Ka No 2610/2007/Pa.2, is hereby
quashed. The 2nd respondent is directed to promote the petitioner
notionally as Junior Assistant from the date on which her immediate
Juniors were promoted and to fix the revised pay on notional basis and
to pay the actual pay of the promoted post from the date on which she
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/06/2025 12:05:19 pm )
has posted to the promoted post. The respondents are directed to
complete aforesaid exercise within a period of 6 months from the date
of receipt of a copy of this order”
4.The learned counsel for the petitioner submits that the order passed
by this Court in W.P.(MD) No.759 of 2008 dated 25.03.2011 had not been
complied with. Thus, the respondents/contemnors have wilfully and
deliberately flouted the order passed by this Court and are in contempt of the
order of this Court dated 25.03.2011. Thus, they should be summoned and
punished by exercising the powers under Sections 11 and 12 of the Contempt
of Courts Act, 1971.
5.Today, when the matter is taken up, Mr.D.Sadiq Raja, learned
Additional Government Pleader for the respondents has produced a copy of
the order dated 25.10.2024, passed by the Executive Officer, Kulasekaram
Town Panchayat, in which it has been stated that the direction issued by this
Court, vide order dated 25.03.2011, in W.P.(MD) No.759 of 2008 has been
fully complied with and the petitioner has also been granted an amount of Rs.
2,72,163/-, which includes Rs.1,93,839/- and Rs.78,324/- towards arrears of
salary and earned leave and unearned leave respectively. A copy of the order
dated 25.10.2024 has been produced before this Court, which is now taken
on record and a copy of the same has also been given to the learned counsel
for the petitioner. Thus, he submits that the respondents may be discharged
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/06/2025 12:05:19 pm )
from the present contempt proceedings, as the judgment and order dated
25.03.2011, in W.P.(MD) No.759 of 2008 has been fully complied with and the
present Contempt Petition may also be disposed of.
6.Mr.H.Thayumanaswamy, learned Counsel for the petitioner submits
that he has received a copy of the order passed by the Executive Officer,
Kulasekaram Town Panchayat dated 25.10.2024 and submits that he has no
objection if the respondents are discharged from the contempt proceedings,
as the judgment and order of this Court dated 25.03.2011 has been fully
complied with, vide order dated 25.10.2024 and the petitioner has also
received an amount of Rs.2,72,163/-, which includes Rs.1,93,839/- and Rs.
78,324/- towards arrears of salary and earned leave and unearned leave
respectively and the present Contempt Petition may also be disposed of.
7.Accordingly, in view of the submissions made by the learned
counsels for the parties and after perusal of the records and the order passed
by the Executive Officer, Kulasekaram Town Panchayat dated 25.10.2024
and also considering the fact that the petitioner has also been paid a sum of
Rs.2,72,163/-, which includes Rs.1,93,839/- and Rs.78,324/- towards arrears
of salary and earned leave and unearned leave respectively, this Court
satisfied that the direction issued by this Court in W.P.(MD) No.759 of 2008,
dated 25.03.2011 has been fully complied with by the respondents and there
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/06/2025 12:05:19 pm )
is no justification in continuing the present contempt proceedings against the
respondents.
8.Accordingly, the Contempt Petition is finally disposed of and the
respondents are discharged from the present contempt proceedings. The file
is consigned to record. No costs.
Index :Yes / No 24.06.2025
Internet :Yes / No
mm
To
1.The Secretary to Government,
Municipal Administration and Water Supply
(Peroo.1) Department,
Fort St.George,
Chennai 600 009.
2.The District Collector,
Kanyakumari District,
Nagercoil.
3.The District Town Panchayat Officer,
Kanyakumari District,
Nagercoil.
4.The Executive Officer,
Town Panchayat,
Attoor Town Panchayat,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/06/2025 12:05:19 pm )
SHAMIM AHMED, J.
mm
24.06.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/06/2025 12:05:19 pm )
