S.Sugeeban v. The Registrar Judicial

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and C.M.P(MD)No.2992 of 2025 S.Sugeeban ... Appellant/Contemnor vs.

The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

... Respondent/Writ Petitioner PRAYER : Contempt Appeal filed under Section 19 of the Contempt of Courts Act, 1971 against the order dated 23.01.2025 made in W.P(MD)No.3006 of 2024 on the file of this Court.

For Appellant : Mr.AR.L.Sundarasan Additional Solicitor General of India Assisted by Mr.K.Govindarajan Deputy Solicitor General of India For Respondent : No appearance 1/4

JUDGMENT

(Judgment of the Court was delivered by J. NISHA BANU, J.) The present Contempt Appeal is directed against the order passed by the learned Single Judge of this Court dated 23.01.2025 in W.P.(MD) No. 3006 of 2024.

2.This is a case where suo motu contempt proceedings were initiated by the learned Single Judge, wherein the learned Judge directed the contemnor to pay a sum of Rs. 50,000/- directly to the writ petitioner and also to pay costs of Rs. 25,000/- to the Tamil Nadu State Legal Services Authority, Chennai. Challenging the same, the present Contempt Appeal has been filed. 3.Heard the learned Additional Solicitor General of India for the appellant and perused the materials placed before this Court. 4.The first proviso to Section 12 of the Contempt of Courts Act, 1971, states that the contemnor may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two 2/4

thousand rupees, or with both. When the Act prescribes maximum of Rs.2,000/-, the imposition of Rs.50,000/- and Rs.25,000/- as compensation and costs respectively is beyond the provisions of the Act. Further, despite the unconditional apology tendered by the contemnor, the learned Judge directed the payment of the amounts mentioned above. Upon accepting the apology, the learned Judge ought to have discharged the contemnor from the contempt proceedings. Therefore, the imposition of the fine does not arise and is liable to be set aside and is hereby set aside.

5.Accordingly, this Contempt Appeal is allowed. Consequently, the connected Miscellaneous Petition stands closed. [J.N.B.,J.] & [S.S.Y.,J.] 08.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps To The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 08.04.2025 4/4