← Library
Madras High CourtCONT P/1455/2025closed

R.Arivuselvan And Another v. Thiru. T.Udhaya Chandran, I.A.S., And Another

2025-09-12Honourable Mr Justice R. Suresh Kumar,Honourable Mr.Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2025

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and Sub Appl.No.605 of 2025

1. R.Arivuselvan, Deputy Inspector, Directorate of Local Fund Audit, 4th Floor, Prof.Anbazhagan Maligai, Nandhanam, Chennai - 600 035.

2. V.Anbarasu, Assistant Inspector, Office of the Assistant Director, Local Fund Audit Department, Town Hall, Trichy - 620 002.

... Petitioners -Vs1. Thiru.T.Udhaya Chandran, I.A.S., Principal Secretary, Finance Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2. Thiru.G.K.Arun Sundar Thayalan, I.A.S., Director of Local Fund Audit, Kuralagam, Chennai - 600 018.

... Respondents 1/4

PRAYER : Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents herein for the wilful disobedience of the orders of this Court in W.A.No.540 of 2019 in order dated 03.10.2023. For Petitioners :

Ms.S.Suneetha For Respondents :

Mr.Aziz Ullakhan Government Advocate for R1 Mr.V.Manoharan Addl. Govt. Pleader for R2

O R D E R

(Order of the Court was made by R.SURESH KUMAR, J.) The present petitioners are the third parties to the writ appeal proceedings, i.e., W.A.No.540 of 2019 dated 03.10.2023, where order has been passed by this Court.

2. It is the case of the petitioners herein that, though they are the third parties to the said writ appeal proceedings, in view of the observation that has been made by the Division Bench in its order dated 03.10.2023 at paragraph No.19, the subsequent order of seniority passed by the concerned respondent dated 29.02.2024 is a violation of such observation, therefore their action in issuing the said order dated 29.02.2024 shall be treated as contemptive. 2/4

3. We are not impressed with the said submission because, the issue raised in the said writ appeal since have been resolved by the earlier combined seniority list having been produced before the Court, the Court after having recorded the same has given the said findings as well as the observations that, in future, when they follow the quota-rota system, the same shall be strictly followed by the respondent Department.

4. If at all, the petitioners have got any grievance over the present order dated 29.02.2024 whereby while fixing the seniority, the quota-rota system has not been strictly followed, it is open to them to challenge the said proceedings in the manner known to law and at no stretch of imagination, it can be treated as contemptible action on the part of the respondents, therefore, we are not inclined to entertain this contempt petition, therefore, it is closed. Consequently, connected sub application is closed. (R.S.K., J.) (K.B., J.) 12.09.2025 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji 3/4

R.SURESH KUMAR, J.

and K.KUMARESH BABU, J.

vji and Sub Appl.No.605 of 2025 12.09.2025 4/4