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Madras High CourtCONT P(MD)/1161/2025disposed of

Sivalingam v. P.Ponniah

2025-06-24Honourable Mr.Justice Shamim Ahmed6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED In W.P.(MD)No.10443 of 2016 Sivalingam, S/o.Chinnakannu, 1/1A, Agraharam Street, Sithannavasal, Iluppur Taluk, Pudukottai District.

Petitioner/Petitioner Vs Mr.P.Ponniah, I.A.S., Director of Rural Development, Panagal Building, Saidapet, Chennai - 600 015.

Contemnor/Respondent No.2 PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to punish the Contemnor/ 2nd Respondent for willfully disobeying and not complying with the order passed by this Court in W.P(MD)No.10443 of 2016, dated 27.09.2024.

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For Petitioner : Mr.V.Kannan For Respondent : Mr.P.Thambidurai Government Advocate

ORDER

This is a petition seeking initiation of contempt proceedings against the Respondent for violation of the order, dated 27.09.2024 passed by the Writ Court in W.P.(MD)No.10443 of 2016. 2.Heard Mr.V.Kannan, learned counsel, for the Petitioner and Mr.P.Thambidurai, learned Government Advocate, who accepts notice on behalf of the Respondent. Therefore, no further notice is required to be issued to the Respondent.

3. The Contempt Petition has been filed for non compliance of the judgment and order passed by the Writ Court in W.P.(MD)No.10443 of 2016 dated 27.09.2024 and the learned Single Judge of this Court disposed of the said Writ Petition in the following terms: "5.For the foregoing reasons, this Court directs the petitioner to submit a representation to 2/6

the second respondent seeking to regularise his services as Watchman from the date of his initial appointment with the fourth respondent by absorbing him in the time scale of pay in any one of the existing vacancies under their control and grant all consequential service and monetary benefits within a period of two [2] weeks from the date of receipt of a copy of this order. On receipt of the same, the second respondent shall pass appropriate orders within a period of twelve [12] weeks thereafter, on merits and in accordance with law. However, it is made clear that this Court has not expressed any opinion on the merits of the petitioner's claim.

6.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs. "

4. Today, when the matter is being taken up, Mr.P.Thambidurai, learned Government Advocate for the Respondent, filed an affidavit of compliance along with the order dated 26.03.2025, passed by the Director of Rural Development, Panagal Building, Saidapet, Chennai/ Respondent and submits that the Respondent has complied with the order of the 3/6

Writ Court dated 27.09.2024 passed in W.P.(MD)No.10443 of 2016. A copy of the said order has been taken on record and the same has been furnished to the learned counsel for the Petitioner. Therefore, he prays that the Respondent may be discharged from the contempt proceedings.

5. Mr.V.Kannan, learned counsel for the Petitioner submits that he has received a copy of the order dated 26.03.2025 along with compliance affidavit, wherein the Respondent has decided the Petitioner's claim, albeit rejecting it. He further submits that if the Petitioner is aggrieved by the said order, he may be permitted to challenge it before the competent Court of law. The learned counsel states that he has no objection to the Respondent being discharged from the contempt proceedings.

6. Considering the submissions made by the learned counsel for the Petitioner and the learned Government Advocate for the Respondent, and upon perusal of the order dated 26.03.2025, passed by the Director of Rural Development, Panagal Building, Saidapet, Chennai/ Respondent, this Court is satisfied that the Respondent has fully complied with the judgment and order of the Writ Court dated 27.09.2024 passed in 4/6

W.P.(MD)No.10443 of 2016. In view of the same, this Court deems it appropriate that no useful purpose would be served by keeping the contempt proceedings pending. Therefore, the Respondent is discharged from the contempt proceedings.

7. In view of the above, the Contempt Petition is disposed of with liberty to the Petitioner to challenge the order dated 26.03.2025 before the competent Court of law, if he is so aggrieved. The file shall be consigned to record. There shall be no order as to costs. 24.06.2025 Nsr Index:Yes/No Web:Yes/No Speaking/Non Speaking To:

The Director of Rural Development, Panagal Building, Saidapet, Chennai - 600 005.

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SHAMIM AHMED , J.

Nsr 24.06.2025 6/6