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Madras High CourtCONT P(MD)/666/2023disposed of

S. Kumaraguru v. B.M. Senthilkumar

2025-08-22Honourable Mr.Justice Shamim Ahmed10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED In W.P.(MD)No.7527 of 2019 S.Kumaraguru, S/O.Late.G.Sankarapandian, 49, Elangovadigal Street, Kokkirakulam-627 009, Tirunelveli District.

Petitioner Vs Mr.B.M.Senthilkumar, The District Revenue Officer, Tirunelveli, Tirunelveli District.

Respondent PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to punish the Respondent herein for the willful disobedience of the order dated 02.08.2022 in W.P.(MD).No.7527 of 2019. For Petitioner : Mr.Aayiram K.Selvakumar For Respondent : Mr.R.Baskaran Additional Advocate General Assisted by, Mr.F.Deepak Special Government Pleader 1/10

ORDER

Heard Mr.Aayiram K.Selvakumar, learned counsel appearing for the Petitioner and Mr.R.Baskaran, learned Additional Advocate General assisted by Mr.F.Deepak, learned Special Government Pleader, accepts notice on behalf of the Respondent. Therefore, no further notice is required to be issued to the Respondent.

2. This Court vide order dated 02.07.2025 passed the following order: "Heard Mr.Aayiram.K.Selvakumar, learned counsel for the petitioner and Mr.F.Deepak, learned Special Government Pleader for the respondent. 2.The present Contempt Petition has been filed to punish the respondent/contemnor for non compliance of the judgment and order passed by this Court in W.P. (MD) No.7527 of 2019 dated 02.08.2022.

3.The Hon'ble Writ Court, vide judgment and order, dated 02.08.2022, was pleased to dispose of the said writ petition with the following directions:- "5.For all the foregoing reasons, the impugned charge memo dated 03.01.2019, cannot be sustained on the ground of inordinate delay of 17 years for framing of 2/10

charges, as well as on the ground that the same set of charges in the criminal proceedings as well as in the present departmental proceedings, being one and the same, cannot be sustained in view of the ruling in D.Sridhar's case (supra).

6. Accordingly, the impugned charge memo dated 03.01.2019 is quashed. This writ petition stands allowed. In view of the quashing of charge memo, there shall be a direction to the respondent herein to forthwith pass orders, extending all service and monetary benefits, including the promotional benefits to the petitioner herein, within a period of four weeks from the date of receipt of a copy of this order.

No costs. Consequently, connected miscellaneous petitions are closed. "

4.The learned counsel for the Petitioner submits that despite the judgment and order passed by this Court in W.P.(MD)No.7527 of 2019, dated 02.08.2022, the respondent has not complied with the directions of this Court and he has wilfully and deliberately flouted the order passed by this Court and is in contempt of the judgment and order of this Court dated 02.08.2022. 3/10

Thus, he should be summoned and punished by exercising the powers under Sections 11 and 12 of the Contempt of Courts Act, 1971.

5.Mr.F.Deepak, learned Special Government Pleader, who accepted notice on behalf of the respondent, prays this Court that a last opportunity may be given to the respondent to make compliance of the judgment and order dated 02.08.2022 and the respondent will file a compliance affidavit, annexing a decision taken by him on the next date of hearing fixed. 6.Mr.Aayiram K.Selvakumar, learned counsel for the petitioner has no objection to the aforesaid prayer made by the learned Special Government Pleader for the respondent.

7.Accordingly, after hearing the learned counsel for the parties, after perusal of the judgment and order made in W.P.(MD) No.7527 of 2019 dated 02.08.2022 and also considering the request made by the learned Special Government Pleader for the respondent/contemnor, as a last chance, this Court grants two weeks and no more further time to the respondent/contemnor to make full compliance of the directions issued by this Court in W.P.(MD) No.7527 of 2019, dated 02.08.2022 and to file an affidavit of compliance in this regard, annexing a decision taken 4/10

by him. The decision taken by the respondent shall also be communicated to the petitioner by the respondent through RPAD on or before the next date of hearing. It is made clear that if the judgment and order, dated 02.08.2022, is not complied with on or before the next date fixed, the respondent is directed to appear in person before this Court on the next date of hearing and justify as to why the judgment and order dated 02.08.2022 is not complied with and as to why contempt proceedings should not be initiated as against him.

8.Put up this case 'for orders' on 22.08.2025 before the appropriate Bench. Let a copy of this order be issued to Mr.F.Deepak, learned Special Government Pleader for the respondent for its necessary compliance and information. "

3. Today, when the matter was taken up, Mr.R.Baskaran, the learned Additional Advocate General, assisted by Mr.F.Deepak, the learned Special Government Pleader, produced a status report filed by the Respondent dated 22.08.2025, annexing the relevant proceedings and submits that the Respondent has fully complied with the order of the Writ Court dated 02.08.2022 in W.P.(MD).No.7527 of 2019. A copy of the said 5/10

status report has been taken on record and furnished to the learned counsel for the Petitioner. For better appreciation, the relevant paragraphs of the status report filed by Respondent, are reproduced hereunder. "6.I respectfully submit that, in compliance with the Hon'ble Court's order, by the direction of the Additional Chief Secretary to Government Letter (2D) No.200, dated 26.06.2023, the charge memo against the petitioner was cancelled by the proceedings of the Tirunelveli District Revenue Officer No.A5/24658/2017, dated 10.07.2023."

4. Mr.Aayiram K.Selvakumar, learned counsel appearing on behalf of the Petitioner, has received a copy of the status report filed by the Respondent and submits that the Respondent has fully complied with the order of the Writ Court dated 02.08.2022 in W.P.(MD).No.7527 of 2019. The learned counsel for the Petitioner further submits that the Respondent may also be directed to pay the monetary service benefits to the Petitioner forthwith.

5. The learned Additional Advocate General submits that once an order has already been passed by this Court, it is the duty of the 6/10

Respondent to comply with the order, and thereafter, the Respondent may certainly consider the claim of the Petitioner in respect of monetary service benefits. He also assures this Court that the monetary service benefits would be disbursed, after completing other formalities, within a period of four weeks from today.

6. Mr.Aayiram K.Selvakumar, learned counsel for the Petitioner submits that as assured by the learned Additional Advocate General that the monetary service benefits will be granted to the Petitioner within a period of four weeks from today, he has no objection to the Respondent being discharged from the contempt proceedings at this stage and the present Contempt Petition may be disposed of accordingly.

7. After considering the submissions made by the learned counsel for the parties and upon perusal of the judgments and orders passed by the Writ Court on 02.08.2022 in W.P. (MD) No. 7527 of 2019 as well as the status report filed by the Respondent along with the relevant proceedings, this Court is satisfied that the Respondent has complied with the judgment and order of the Writ Court dated 02.08.2022 in W.P. (MD) No. 7527 of 7/10

2019. The learned Additional Advocate General has also assured that in respect of monetary service benefits, the same will be disbursed to the Petitioner's account, within a period of four weeks from today. In view of the assurance given by the learned Additional Advocate General, this Court deems it appropriate to dispose the present petition, as no useful purpose would be served by keeping them pending. Accordingly, the Respondent is discharged from the contempt proceedings at this stage.

8. In view of the above, the present Contempt Petition is disposed of at this stage with a direction to the Respondent to disburse the monetary service benefits to the Petitioner within a period of four weeks from today, without fail. The file shall be consigned to the record. There shall be no order as to costs.

22.08.2025 NCC:yes/no Index:yes/no Internet:yes/no vsg 8/10

To:

Mr.B.M.Senthilkumar, The District Revenue Officer, Tirunelveli, Tirunelveli District.

9/10

SHAMIM AHMED , J.

vsg 22.08.2025 10/10