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Madras High CourtCONT P(MD)/153/2024disposed of

Singaram v. M. Karthikeyan I.A.S.,

2025-08-14Honourable Mr.Justice Shamim Ahmed14 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED In W.P.(MD)No.15297 of 2022 Singaram, S/o.Subbaiah, No.113/20, Amman Kovil Street (North), South Perumalpuram, Aralvaymozhi, Kanyakumari.

...Petitioner/Petitioner

Vs 1.Mr.M.Karthikeyan, I.A.S., The District Collector, Tirunelveli, Tirunelveli District.

2.Dr.R.Sukumar, I.A.S., The District Collector, Tirunelveli, Tirunelveli District.

3.Mr.Sai Kumar, I.A.S., The Additional Chief Secretary/Commissioner, Revenue Administration, Chepauk, Chennai.

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4.Mrs.Suganya, The District Revenue Officer, Tirunelveli.

...Contemnors/Respondents (R-2 to R-4 is impleaded vide Court Order dated 14.08.2025 in Contempt Petition (MD)No.153 of 2024) PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to punish the Contemnor/Respondent for willfully disobeying and not complying with the order passed by this Court in W.P(MD)No. 15297 of 2022, dated 14.07.2022.

For Petitioner : Ms.Affrin Fathima For M/s.Ajmal Associates For Respondents : Mr.R.Bhaskaran Additional Advocate General assisted by Mr.P.Thambidurai Government Advocate

ORDER

This Contempt Petition has been filed to punish the contemnors/respondents for wilfully disobeying and not complying with the judgment and order of the Writ Court made in W.P(MD) No.15297 of 2022, dated 14.07.2022.

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2.Heard Ms.Affrin Fathima for M/S Ajmal Associates appearing for the petitioner and Mr.R.Bhaskaran, learned Additional Advocate General assisted by Mr.P.Thambidurai, learned Government Advocate for the respondents.

3.This Court, vide order, dated 12.08.2025, had passed the following order:- "This is a petition seeking initiation of contempt proceedings against the Respondents for alleged violation of the order, dated 14.07.2022 passed by the Writ Court in W.P. (MD)No.15297 of 2022.

2. Heard Mr.H.Mohammed Imran, learned counsel for M/s.Ajmal Associates, appearing for the Petitioner and Mr.P.Thambidurai, learned Government Advocate, who accepts notice on behalf of the Respondents. Therefore, no further notice is required to be issued to the Respondents.

3. Mr.H.Mohammed Imran, learned counsel for M/s.Ajmal Associates, appearing for the Petitioner submits that Dr.R.Sukumar, is now presently serving as the District Collector, Tirunelveli, Tirunelveli District, in the place of 3/14

Mr.M.Karthikeyan, I.A.S. He therefore prays this Court to permit him to implead the new incumbent as 2nd Respondent in the present Contempt Petition. He further prays this Court to permit him to implead Mr.Sai Kumar, I.A.S., Additional Chief Secretary/Commissioner, Revenue Administration, Chepauk, Chennai, as 3rd Respondent and Mrs.Suganya, District Revenue Officer, Tirunelveli as 4th Respondent in the present Contempt Petition.

4. Accordingly, the learned counsel is permitted to implead Dr.R.Sukumar, District Collector, Tirunelveli, Tirunelveli District, Mr.Sai Kumar, I.A.S., Additional Chief Secretary/Commissioner, Revenue Administration, Chepauk, Chennai and Mrs.Suganya, District Revenue Officer, Tirunelveli as the 2nd, 3rd and 4th Respondents in this Contempt Petition.

5. The Contempt Petition has been filed for non compliance of the judgment and order passed by the Writ Court in W.P.(MD)No.15297 of 2022 dated 14.07.2022 and the learned Single Judge of the Writ Court disposed of the said Writ Petition in the following terms:

"6.In view of the submission made by the learned Additional Government Pleader appearing for the respondent, this Court feels that it is not necessary to give any direction to 4/14

consider the petitioner's representation dated 31.03.2022. On the other hand, the respondent is directed to pass appropriate orders, on merits and in accordance with law for inclusion of the petitioner's name in the promotion panel list for the year 2010 and refix the seniority list as per the order passed in W.P.(MD).No.10332 of 2019.

7.With the above direction, this Writ Petition is disposed of. No costs"

6. Thereafter, the Co-ordinate bench of this Court vide order dated 29.10.2024 passed the following order in the present contempt petition:

"Both sides present.

2.The learned Government Advocate for the respondent submitted that in regard to the inclusion of the petitioner's name in the promotion panel list for the year 2010 and refix the seniority as per the order passed by this Court in W.P(MD) No.15297 of 2022, dated 14.07.2022, the proposal has been sent to the Additional Chief Secretary/Commissioner of Revenue Administration, Chepauk, Chennai Vide proceeding Na.Ka.No.A5/40589/2017. The proposal date was mentioned without date in the first page as ..08.2021, whereas, the District Revenue Officer has signed the 5/14

proceeding on 29.10.2021 after delay of 2 months. 3.This Court express its displeasure on the delay of three years caused by the Commissioner of Revenue Administration in passing the order on the proposal, which was signed on 29.10.2021 by the District Revenue Officer, Tirunelveli. 4.Hence, the Commissioner of Revenue Administration, Chennai is directed to pass appropriate orders on the proposal, dated 28.10.2021 within a period of four weeks from the date of receipt of copy of this order. 5.Post on 06.12.2024 for "reporting compliance."

7. Mr.H.Mohammed Imran, learned counsel for the Petitioner submits that despite the judgment and order passed by the Writ Court dated 14.07.2022 in W.P.(MD)No.15297 of 2022 as well as direction issued by the Co-ordinate bench of this Court in the present contempt petition on 29.10.2024, no order has been passed by the Respondents till date and therefore it appears that the Respondents have wilfully and deliberately flouting the orders passed by the Writ Court. Thus, the learned counsel submits that the Respondents are in contempt and he may be summoned before this Court and punished for committing contempt by exercising the powers under Sections 11 and 12 of the Contempt of Courts Act, 1971.

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8. Mr.P.Thambidurai, the learned Government Advocate for the Respondents, who accepted notice on behalf of the Respondents, submits that a last opportunity may be given to the Respondents to make compliance of the aforesaid judgement and order of the Writ Court, dated 14.07.2022 passed in WP(MD)No.15297 of 2022.

9. After considering the submissions made by the learned counsel for the parties and after perusal of the judgment and order passed by the Writ Court in WP(MD)No.15297 of 2022, dated 14.07.2022 as well as the direction issued by the Coordinate bench of this Court on 29.10.2024 in the present contempt petition, this Courts finds that even after lapse of more than 3 years from the date of the aforesaid judgement and order of the Writ Court and the direction issued by the Co-ordinate bench of this Court on 29.10.2024 in the present contempt petition, the Respondents have not complied with the aforesaid judgement and order, dated 14.07.2022 in W.P. (MD)No.15397 of 2022 and that the Respondents have deliberately and wilfully flouted the aforesaid judgement and order of the Writ Court and he has no respect and honour to the aforesaid judgement and order passed by the High Court. Thus, the Respondents are in contempt of the Court. 7/14

10. Thus, this Court has no option but to proceed against the Respondents for deliberately and willfully disobeying the order of the Writ Court dated 14.07.2022 in W.P.(MD)No. 15297 of 2022, as well as the direction issued by the Coordinate bench of this Court on 29.10.2024 in the present Contempt Petition. Accordingly, the 2nd Respondent/ Dr.R.Sukumar, I.A.S., the District Collector, Tirunelveli, Tirunelveli District, Mr.Sai Kumar, I.A.S., Additional Chief Secretary/Commissioner, Revenue Administration, Chepauk, Chennai/3rd Respondent and Mrs.Suganya, District Revenue Officer, Tirunelveli/4th Respondent, are directed to appear in person before this Court on 14.08.2025 to justify their conduct and explain why the contempt proceedings should not be initiated against them, and charges be framed. In this regard, they should also file a personal affidavit on the next date fixed.

11. Put up this case on 14.08.2025 "For Orders" before this Court.

12. Let a copy of this order be given to Mr.P.Thambidurai, learned Government Advocate for necessary compliance and information to the Respondents." 8/14

4.In compliance of the order dated 12.08.2025, the fourth respondent/Mrs.Suganya, the District Revenue Officer, Tirunelveli is appeared in person before this Court today and has filed a compliance affidavit, enclosing a copy of the order dated 13.08.2025. Therefore, her personal appearance is hereby exempted.

5.Further, the respondents 2 and 3 have also filed compliance affidavits, dated 14.08.2025, which are now taken on record, along with Dispense With Petitions seeking exemption for their personal appearance before this Court today. The reason stated by the respondents 2 and 3 in the affidavits filed in support of the Dispense With Petitions appears to be justified and therefore, the personal appearance of the respondents 2 and 3 is hereby exempted.

6.Today, when the matter is taken up, Mr.R.Bhaskaran, learned Additional Advocate General assisted by Mr.P.Thambidurai, learned Government Advocate for the respondents has filed an affidavit of 9/14

compliance of the fourth respondent, dated 14.08.2025, annexing a copy of the Government Order made in G.O.(2D).No.566, Revenue and Disaster Management Department, Services Wing, Service 6(1) Section, dated 12.08.2025 and a copy of the decision of the fourth respondent/the District Revenue Officer, Tirunelveli, dated 13.08.2025, in which it has been stated that the judgment and order of the Writ Court, dated 14.07.2022, in W.P. (MD) No.15297 of 2022 as well as the directions issued by this Court, dated 12.08.2025 in the present contempt petition has been fully complied with and the name of the petitioner has been placed in 2010 Assistant Promotion Panel. Thus, he submits that the respondents may be discharged from the present contempt proceedings, as the judgment and order dated 14.07.2022, passed in W.P.(MD) No.15297 of 2022 has been fully complied with by the respondents and the present Contempt Petition may also be disposed of.

7.The compliance affidavit filed by the fourth respondent, dated 14.08.2025, is taken on record and a copy of the same has also been given to the learned counsel for the petitioner.

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8.Ms.Affrin Fathima for M/S Ajmal Associates appearing for the petitioner, submits that she has received a copy of the compliance affidavit of the fourth respondent, dated 14.08.2025, annexing a copy of the Government Order made in G.O.(2D).No.566, Revenue and Disaster Management Department, Services Wing, Service 6(1) Section, dated 12.08.2025 and a copy of the decision of the fourth respondent/the District Revenue Officer, Tirunelveli, dated 13.08.2025 and submits that the respondents have made full compliance of the judgment and order passed by the Writ Court in W.P.(MD) No.15297 of 2022, dated 14.07.2022. 9.She further submits that the petitioner's name has been placed in 2010 Assistant Promotion Panel and thus, she has no objection, if the respondents are discharged from the present contempt proceedings, as the judgment and order of the Writ Court dated 14.07.2022 has been fully complied with by the respondents and the present Contempt Petition may also be disposed of, accordingly.

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10.Accordingly, in view of the submissions made by the learned counsel for the parties and after perusal of the judgment and order made in W.P(MD) No.15297 of 2022, dated 14.07.2022 and the compliance affidavit filed by the fourth respondent, dated 14.08.2025 and the Government Order made in G.O.(2D).No.566, Revenue and Disaster Management Department, Services Wing, Service 6(1) Section, dated 12.08.2025 and also considering the fact that the name of the petitioner has been placed in 2010 Assistant Promotion Panel, this Court is satisfied that the judgment and order passed by the Writ Court in W.P.(MD) No.15297 of 2022, dated 14.07.2022 as well as the directions issued by this Court, dated 12.08.2025 in the present contempt petition has been fully complied with by the respondents and there is no justification in continuing the present contempt proceedings against the respondents. 12/14

11.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.

14.08.2025 mm To:- 1.The District Collector, Tirunelveli, Tirunelveli District.

2.The Additional Chief Secretary/Commissioner, Revenue Administration, Chepauk, Chennai.

3.The District Revenue Officer, Tirunelveli.

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SHAMIM AHMED , J.

mm 14.08.2025 14/14