V.K.Radhamani v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED CONT.P(MD) No.1620 of 2024 in W.P.(MD) No.759 of 2008 V.K.Radhamani D/o.P.Vasudevan Nambi, W/o.Late Gopalakrishnan Record Clerk, Attoor Panchayat, Thiruvarambu, Thiruvattur Post, Kanyakumari District.
... Petitioner vs.
1.The Secretary to Government, Municipal Administration and Water Supply (Peroo.1) Department, Fort St.George, Chennai 600 009.
2.The District Collector, Kanyakumari District, Nagercoil.
3.The District Town Panchayat Officer, Kanyakumari District, Nagercoil.
4.The Executive Officer, Town Panchayat, Attoor Town Panchayat, Kanyakumari District.
... Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to punish the contemnors for their wilful and wanted disobedience to the order 1/6
of this Court passed in W.P.(MD) No.759 of 2008 dated 25.03.2011 and direct them to obey the order passed by this Court.
For Petitioner :Mr.H.Thayumanaswamy For Respondents :Mr.D.Sadiq Raja Additional Government Pleader
ORDER
This Contempt Petition has been filed to punish the contemnors/respondents for wilfully disobeying and not complying with the judgment and order of this Court made in W.P(MD) No.759 of 2008, dated 25.03.2011.
2.Heard Mr.H.Thayumanaswamy, learned counsel for the petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader for the respondents.
3.This Court, vide judgment and order, dated 25.03.2011, had passed the following order:- "15. Hence, I am of the view that the impugned order is liable to be quashed and accordingly, the impugned order passed by the respondent dated 31.10.2007 in Na Ka No 2610/2007/Pa.2, is hereby quashed. The 2nd respondent is directed to promote the petitioner notionally as Junior Assistant from the date on which her immediate Juniors were promoted and to fix the revised pay on notional basis and to pay the actual pay of the promoted post from the date on which she 2/6
has posted to the promoted post. The respondents are directed to complete aforesaid exercise within a period of 6 months from the date of receipt of a copy of this order"
4.The learned counsel for the petitioner submits that the order passed by this Court in W.P.(MD) No.759 of 2008 dated 25.03.2011 had not been complied with. Thus, the respondents/contemnors have wilfully and deliberately flouted the order passed by this Court and are in contempt of the order of this Court dated 25.03.2011. Thus, they should be summoned and punished by exercising the powers under Sections 11 and 12 of the Contempt of Courts Act, 1971.
5.Today, when the matter is taken up, Mr.D.Sadiq Raja, learned Additional Government Pleader for the respondents has produced a copy of the order dated 25.10.2024, passed by the Executive Officer, Kulasekaram Town Panchayat, in which it has been stated that the direction issued by this Court, vide order dated 25.03.2011, in W.P.(MD) No.759 of 2008 has been fully complied with and the petitioner has also been granted an amount of Rs. 2,72,163/-, which includes Rs.1,93,839/- and Rs.78,324/- towards arrears of salary and earned leave and unearned leave respectively. A copy of the order dated 25.10.2024 has been produced before this Court, which is now taken on record and a copy of the same has also been given to the learned counsel for the petitioner. Thus, he submits that the respondents may be discharged 3/6
from the present contempt proceedings, as the judgment and order dated 25.03.2011, in W.P.(MD) No.759 of 2008 has been fully complied with and the present Contempt Petition may also be disposed of. 6.Mr.H.Thayumanaswamy, learned Counsel for the petitioner submits that he has received a copy of the order passed by the Executive Officer, Kulasekaram Town Panchayat dated 25.10.2024 and submits that he has no objection if the respondents are discharged from the contempt proceedings, as the judgment and order of this Court dated 25.03.2011 has been fully complied with, vide order dated 25.10.2024 and the petitioner has also received an amount of Rs.2,72,163/-, which includes Rs.1,93,839/- and Rs. 78,324/- towards arrears of salary and earned leave and unearned leave respectively and the present Contempt Petition may also be disposed of. 7.
Accordingly, in view of the submissions made by the learned counsels for the parties and after perusal of the records and the order passed by the Executive Officer, Kulasekaram Town Panchayat dated 25.10.2024 and also considering the fact that the petitioner has also been paid a sum of Rs.2,72,163/-, which includes Rs.1,93,839/- and Rs.78,324/- towards arrears of salary and earned leave and unearned leave respectively, this Court satisfied that the direction issued by this Court in W.P.(MD) No.759 of 2008, dated 25.03.
is no justification in continuing the present contempt proceedings against the respondents.
8.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.
Index :Yes / No 24.06.2025 Internet :Yes / No mm To 1.The Secretary to Government, Municipal Administration and Water Supply (Peroo.1) Department, Fort St.George, Chennai 600 009.
2.The District Collector, Kanyakumari District, Nagercoil.
3.The District Town Panchayat Officer, Kanyakumari District, Nagercoil.
4.The Executive Officer, Town Panchayat, Attoor Town Panchayat, Kanyakumari District.
5/6
SHAMIM AHMED, J.
mm CONT.P(MD) No.1620 of 2024 24.06.2025 6/6