P.Malar Vizhi v. Subbaian, I.A.S.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED CONT.P(MD) No.1741 of 2025 in W.P.(MD) No.18702 of 2019 1.P.Malar Vizhi, W/o. A.Paradesi, No.143, First Street, Melamadai, Madurai 625 020.
2.K.Anbu Selvi, W/o. Muthu Manimaran, 1/1A, Kalyanasundaram 5th Street, Kulamangalam Main Road, Sellur, Madurai 625 002.
3.K.Muthulakshmi, W/o. Selvakumar, 2/327, Mela Theru, Uthapuram, Uthapuram Post, Madurai 625 535.
... Petitioners vs.
Thiru.Subbaian IAS, Secretary to Government, Animal Husbandry, Dairying and Fisheries Department, Fort St.George, Chennai 600 009.
... Respondent 1/8
PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to issue summons to the contemnor/respondent herein and punish him under the provisions of the Contempt of Court Act for his wilful violation and disobedience of the order passed by this Court dated 26.04.2022 in W.P.(MD) No.18702 of 2019.
For Petitioner :Mr.D.Sivaraman For Respondent :Mr.D.Sadiq Raja Additional Government Pleader
ORDER
This Contempt Petition has been filed with the prayer that the respondent/contemnor has not complied with the judgment and order passed by the Hon'ble Writ Court in W.P.(MD) No.18702 of 2019, dated 26.04.2022. 2.Heard Mr.D.Sivaraman learned counsel for the petitioners and Mr.D.Sadiq Raja, learned Additional Government Pleader, for the Respondent.
3.The Co-ordinate Bench of this Court, vide judgment and order dated 26.04.2022, had disposed of the said writ petition with the following directions:- "4.Considering the fact that the issues are pending for a long time, the first respondent is directed to consider the proposal submitted 2/8
by the Director of Fisheries in proceedings No.Na.Ka.No. 24434/S3/2017, dated 05.03.2018 and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order." 4.The learned counsel for the petitioners submits that despite the judgment and order passed by this Court in W.P.(MD)No.18702 of 2019, dated 26.04.2022, the respondent has not complied with the directions of this Court. Thus, being no other alternative, the present Contempt Petition has been filed with the prayer that the respondent/contemnor has wilfully and deliberately flouted the order passed by this Court and is in contempt of the judgment and order of this Court dated 26.04.2022. Thus, he 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 respondent submits that in compliance of the judgment and order passed in W.P.(MD) No.18702 of 2019, dated 26.04.2022, the respondent has considered the claim and grievances of the petitioners and vide letter dated 15.07.2025, has rejected the claim of the petitioners on merits and in accordance with law. In this regard, he filed an affidavit of compliance of the respondent, dated 15.07.2025, annexing a copy of the decision taken by the respondent, dated 15.07.2025. In paragraph Nos. 3/8
6 and 7 of the compliance affidavit, the aforesaid fact has been clearly stated, which reads as under:- "6.In obedience to the order made in W.P.(MD).No.18702 of 2019 dated 26.04.2022, the Principal Secretary to Government Animal Husbandry, Dairying, Fisheries and Fishermen Welfare (FS4) Department vide Letter No. 1662/FS2-2/2025 dated 15.07.2025 has rejected the claim of the petitioner. Thus the order passed by this Hon'ble Court has been complied with in letter and spirit. 7.I respectfully submit that in fact the request of the writ petitioner was along with similarly placed person was considered in detail and the same was rejected vide Letter No. 1159/Fishery/2(2)/2021-9 dated 12.06.2022. In obedience to order made in W.P. (MD) No. 18702 of 2019 dated 26.04.2022 the present letter has been addressed to the individual.
Thus, there was delay in complying the orders passed by this Hon'ble Court due to the bonafide reasons. I respectfully submitted that once again I tender my unconditional apology. Hence in the interest of Justice this Hon'ble Court may be pleased to purge the contemnor from the above contempt proceedings. Otherwise, it will cause grave prejudice and irreparable hardship."
6.Thus, the learned Additional Government Pleader submits that the respondents may be discharged from the present contempt proceedings, as the judgment and order of this Court dated 26.04.2022 has been fully complied with, vide order dated 15.07.2025.
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7.The compliance affidavit filed by the respondent, dated 15.07.2025 is taken on record and a copy of the same has also been given to the learned counsel for the petitioners.
8.Mr.D.Sivaraman learned counsel for the petitioners submits that he received a copy of the compliance affidavit filed by the respondent, dated 15.07.2025 along with a copy of the decision taken by the respondent, dated 15.07.2025, by which, the claim of the petitioners has been rejected by way of a reasoned and a speaking order. It was further submitted that the claim and grievance of the petitioner was not considered as per the directions issued by the Hon'ble Writ Court in W.P.(MD) No.18702 of 2019, dated 26.04.2022. Thus, he submits that he may be given liberty to challenge the aforesaid order and the other consequential order, if any, before the competent Court of law. It was further submitted that as the rejection order has already been communicated to the petitioners, he has no objection if the respondent is discharged from the present contempt proceedings and the present Contempt Petition may also be disposed of.
9.Accordingly, in view of the submissions made by the learned counsel for the parties, after perusal of the judgment and order passed in W.P.(MD) No.18702 of 2019, dated 26.04.2022 and the compliance affidavit filed by the respondent, dated 15.07.2025, annexing a copy of the decision taken by the 5/8
respondent, dated 15.07.2025, by which, the claim of the petitioners has been rejected by way of a reasoned and a speaking order, particularly paragraph Nos.6 and 7 of the compliance affidavit, this Court is satisfied that the direction issued by this Court in W.P.(MD) No.18702 of 2019, dated 26.04.2022 has been fully complied with by the respondent and no useful purpose will be served in continuing with the present contempt proceedings against the respondent.
10.Accordingly, the Contempt Petition is finally disposed of with liberty to the petitioners to challenge the aforesaid order of the respondent, dated 15.07.2025, by which, the petitioners' claim was rejected by way of a reasoned and a speaking order and the other consequential order, if any, before the competent Court of law, if they are aggrieved by the decision taken by the respondent and the respondent is discharged from the present contempt proceedings. The file is consigned to record. No costs. Index :Yes / No 16.07.2025 Internet :Yes / No mm 6/8
To Secretary to Government, Animal Husbandry, Dairying and Fisheries Department, Fort St.George, Chennai 600 009.
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SHAMIM AHMED, J.
mm CONT.P(MD) No.1741 of 2025 16.07.2025 8/8