[Cites 4, Cited by 0]
Madras High Court
P.Mahalingam vs T.S.Selvavinayagam on 13 March, 2026
Cont.P.No.4143 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.03.2026
CORAM :
THE HON'BLE MR.JUSTICE T.VINOD KUMAR
Cont.P.No.4143 of 2025
P.Mahalingam .. Petitioner
Versus
1. T.S.Selvavinayagam,
Director of Public Health and
Preventive Medicine, DMS Compound,
359, Anna Salai,
Teynampet, Chennai – 600 006.
2. P.Sentilkumar, IAS
Secretary to Government,
Health and Family Welfare Department,
Secretariat, Fort St. George,
Chennai – 600 009. .. Respondents
Prayer : Contempt Petition filed under Section 11 of the Contempt of
Court Act, 1971, to punish the respondents for wilful disobedience of the
order, dated 26.08.2019 passed by this Court in W.P.No.18671 of 2015 on
the file of this Court.
For Petitioner : Mr.R.Ezhilarasan
For Respondents : Mr.E.Sundaram,
Government Advocate
1/5
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Cont.P.No.4143 of 2025
ORDER
This Contempt Petition is filed alleging willful non-compliance and
disobedience of the order, dated 26.08.2019 in W.P.No.18671 of 2015,
whereby, this Court had directed the respondents to consider the
representation made by the petitioner and pass appropriate orders on the
same within a period of eight weeks from the date of receipt of a copy of
the order, if the representation had not been disposed of.
2. Though, on behalf of the petitioner, it is contended that despite
this Court directing the respondents to dispose of the representation within
a period of eight weeks from the date of receipt of a copy of the order, the
respondents did not comply with the order and willfully disobeyed the
order of this Court.
3. The learned Counsel for the petitioner submits that despite the
petitioner following up the matter with the respondents, the respondents
kept the issue pending and as such, the petitioner is constrained to file the
present Contempt Petition on 07.11.2025.
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4. I have take note of the respective submissions made on behalf of
the learned Counsel for the petitioner.
5. At the outset, it is to be noted that Section 20 of the Contempt of
Courts Act, 1971 (in short, ‘Act, 1971’) prescribes limitation of one year
for initiating contempt proceedings.
6. This Court, by the order, dated 28.11.2025 in Cont.P.Nos.2599
and 3033 of 2025 and by the order, dated 12.09.2025 in Cont.P.No.2706 of
2025, had considered the scope of Section 20 of the Act, 1971 and Article
215 of the Constitution of India and also as to what would constitute
continuing cause of action.
7. This Court, having regard to the law declared by the Hon’ble
Apex Court and by a Co-ordinate bench of this Court, held that Section 20
of the Act, 1971, being a specific provision, the Contempt Petition has to
be filed within one year when the cause of action arises.
8. In the facts of the present case, the cause of action of the
petitioner to initiate contempt had arisen on expiry of the eight weeks
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granted by this Court while disposing of W.P.No.18671 of 2015 on
26.08.2019. The petitioner not only did not take any steps thereafter
within the time prescribed under the Act, 1971, but, remained silent for a
considerable length of time and approached this Court by filing the present
Contempt Petition nearly after six years.
9. Having regard to the aforesaid facts and the decision of the
Hon’ble Apex Court and also this Court on the maintainability of the
Contempt Petition filed beyond the period of one year, the present
Contempt Petition cannot be entertained as having been filed beyond the
limitation prescribed under the Act, 1971.
10. Accordingly, this Contempt Petition is dismissed. There shall be
no order as to costs.
13.03.2026
Index : yes/no
Speaking order/Non-speaking order
Neutral Citation : yes/no
grs
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T.VINOD KUMAR, J.,
grs
13.03.2026
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