Madras High CourtCONT P(MD)/1810/2025dismissed

G.Alexander v. S.Ramesh

2026-02-13Honourable Mr Justice G.K. Ilanthiraiyan14 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Cont.P(MD)Nos.1810 to 1812 and 1814 to 1820 of 2025 (1)Cont.P(MD)No.1810 of 2025:- G.Alexander : Petitioner/Petitioner 1/14

disobedience of the order of this Court in W.P(MD)No.29074 of 2024, (2)Cont.P(MD)No.1811 of 2025:- R.Stephen : Petitioner/Petitioner disobedience of the order of this Court in W.P(MD)No.29075 of 2024, 2/14

(3)Cont.P(MD)No.1812 of 2025:- D.John : Petitioner/Petitioner disobedience of the order of this Court in W.P(MD)No.29076 of 2024, (4)Cont.P(MD)No.1814 of 2025:- V.Jebadhas : Petitioner/Petitioner 3/14

disobedience of the order of this Court in W.P(MD)No.29077 of 2024, (5)Cont.P(MD)No.1815 of 2025:- B.Joseph Kali Arasu : Petitioner/Petitioner 4/14

disobedience of the order of this Court in W.P(MD)No.29078 of 2024, (6)Cont.P(MD)No.1816 of 2025:- R.Manikandan : Petitioner/Petitioner 5/14

disobedience of the order of this Court in W.P(MD)No.29079 of 2024, (7)Cont.P(MD)No.1817 of 2025:- K.Ganesan : Petitioner/Petitioner 6/14

disobedience of the order of this Court in W.P(MD)No.29080 of 2024, (8)Cont.P(MD)No.1818 of 2025:- S.Christhuraj : Petitioner/Petitioner Madurai Region, Thallakulam, 7/14

disobedience of the order of this Court in W.P(MD)No.29081 of 2024, (9)Cont.P(MD)No.1819 of 2025:- S.Rajakumar : Petitioner/Petitioner 8/14

Prayer: Contempt Petition filed under Section 11 of the Contempt of Court Act, 1971, to initiate contempt proceedings against disobedience of the order of this Court in W.P(MD)No.29083 of 2024, For Petitioner : Mr.M.Mahaboob Fazil (In all cases) for M/s.Roy and Roy Associates For Respondents : Mr.Veera.Kathiravan, Additional Advocate General (in all cases) Assisted by Mr.D.Gandhiraj, Special Government Pleader COMMON ORDER These Contempt Petitions filed under Section 11 of the Contempt of Courts Act, 1971 to initiate contempt proceedings against the Contemnor / Respondent No.1 to 3 and punish them for the willful disobedience of the order of the this Court, dated 05.12.2024, thereby directed the respondents to disperse the amount which is entitled by the petitioners for the work pertaining to desilting of T.Code main channel. 10/14

2. As per the direction of this Court, dated 23.01.2026, the contemnors are present before this Court.

3. Heard the learned counsel for the petitioner and the learned Additional Advocate General for the respondents. The third respondent herein filed the affidavit.

4. On a perusal of the affidavit filed by the third respondent and the submissions made by the learned Additional Advocate General, it is revealed that the works agreed to with the petitioner under the agreement entered into between the Department and the respondents predominantly relate to jungle clearance and desilting. The said works are stated to have been executed during the financial year 2023-2024. However, the then Executive Engineer, who is the competent authority, has categorically denied the execution of the said works and has stated that the same could not be verified at the site by any of the succeeding Executive Engineers. It is further submitted that payment for any executed work can be made only after the work is super-checked by the Executive Engineer 11/14

concerned and the measurements are duly recorded and certified. Such payment has to be effected only on the basis of the super-check measurement. Since the Executive Engineer in charge of the work is the executing authority with respect to its execution and certification, and in the present case, the Executive Engineer has denied the execution of the work and no super-check measurement has been carried out, the claim made by the petitioner is alleged to be false. Therefore, there is absolutely no possibility of settling the disputed bill in the absence of a super-check measurement. In this regard, an enquiry was conducted by the Enquiry Officer, who found certain lapses, and based on the Enquiry Officer's report, disciplinary proceedings have been initiated against the concerned officials. The charges have been forwarded to the Engineer-inChief and Chief Engineer (General), Water Resources Department, Chepauk, Chennai, for approval, by proceedings dated 07.01.2026.

5. In view of the above, the petitioners are not entitled to any amount as claimed by them until the completion of the super-check measurement in accordance with the prescribed procedure. Therefore, the direction issued by this Court to disburse the amount payable to the 12/14

petitioners for the desilting work cannot be complied with in the absence of such super-check measurement and certification. Hence, no case of wilful disobedience is made out against the alleged contemnors, and the contempt petitions are liable to be dismissed.

6. Accordingly, these Contempt Petitions are dismissed. 13.02.2026 LS TO Nagercoil, Kanyakumari District.

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G.K.ILANTHIRAIYAN,J LS Cont.P(MD)Nos.1810 to 1812 and 1814 to 1820 of 2025 13.02.2026 14/14