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Madras High CourtSUB A(MD)/296/2025ordered

S.Palanichamy, I.A.S.(Retired) v. M.Mariammal

2025-07-31Honourable Dr Justice R.N.Manjula5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 31.07.2025

CORAM:

THE HONOURABLE Dr.JUSTICE R.N.MANJULA Sub Application(MD)Nos.296 to 298 of 2025 in Cont.P.(MD)Nos.1172 to 1174 of 2025 S.Palanisamy IAS (Retired), The Chairman / Managing Director, Tamil Nadu Ware Housing Corporation Ltd., No.100, Anna Salai, Guindy, Chennai 32.

... Applicant in all petitions M.Mariammal

...Respondent in Sub.A.(MD)No.296/2025

Maheshwari

...Respondent in Sub.A.(MD)No.297/2025

Kanniammal

...Respondent in Sub.A.(MD)No.298/2025

vs.

COMMON PRAYER : These Sub Applications have been filed under Section 151 of Criminal Procedure Code r/w Section 10 of Contempt of Courts Act, 1971 praying to re-call the warrant issued to the applicant / contemnor by this Court in Cont.P. (MD)Nos.1172 to 1174 of 2025 dated 11.07.2025 respectively. Prayer in CONT P(MD)No.1172 of 2025:- These Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the Contemnor for having willfully disobeying the order of this Hon`ble Court passed in W.P.(MD).No.17728 of 2023 dated 11.07.2024 and to pass such further or other orders as this Hon'ble Court.

Prayer in CONT P(MD)No.1173 of 2025:- These Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the Contemnor for having willfully disobeying the order of this Hon`ble Court passed in W.P.(MD).No.17729 of 2023 dated 11.07.2024 and to pass such further or other orders as this Hon'ble Court.

Prayer in CONT P(MD)No.1174 of 2025:- These Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the Contemnor for having willfully disobeying the order of this Hon`ble Court passed in W.P.(MD).No.17730 of 2023 dated 11.07.2024 and to pass such further or other orders as this Hon'ble Court.

In all applications, For Applicant : Mr.Veerakathiravan Assisted by Mr.C.Gangai Amaran Adiditional Advocate General. For Respondent : Mr.G.Chandrasekar COMMON ORDER These applications have been filed to re-call the warrant issued to the applicant / contemnor by this Court in Cont.P.(MD)Nos.1172 to 1174 of 2025 dated 11.07.2025 respectively.

2. Mr.Veerakathiravan, learned Additional Advocate General assisted by

Mr.C.Gangai Amaran, learned counsel for the contemnor submitted that writ appeals have been in W.A.(MD)Nos.2101 to 2103 of 2025 challenging the orders passed in connecting writ petitions and they are posted to 05.08.2025 for final hearing; the contemnor has retired from service on 30.04.2025; thereafter Mr.D.Mohan, IAS has taken additional charge and he has worked up to 27.06.2025; at present Mr.J.Vijayakumar, IAS is holding the post of Chairman / Managing Director of Tamil Nadu Ware Housing Corporation Limited.

3. Mr.G.Chandrasekar, learned counsel for the respondents herein submitted that even though the contemnor has retired on 30.04.2025, he was aware of the order of this Court dated 11.07.2024; the respondents have made representations subsequent to the order passed in the writ petitions on 04.10.2024; despite the same, no steps have been taken to comply the orders passed in writ petitions; writ appeals have been filed with delay and they are yet to be numbered.

4. The learned Additional Advocate General submitted that the contemnor is not aware of the statutory notice as he was not available in the office and the notice has been served on his official address and that has caused the order of issuing warrant and hence it is prayed to re-call the same.

5. As the contemnor has retired from service, it is possible that he was not

aware of the notice issued for his personal appearance. Hence, this Court finds no difficulty to re-call the warrant issued against the contemnor with a condition that the officers who were incharge at the relevant point of time and who continued to be silent without complying the orders passed in the writ petitions are answerable to the contempt.

6. Accordingly, the Sub Applications are ordered and the warrants issued against the contemnor in all the contempt petitions are re-called. Sd/- Assistant Registrar (CO) // True Copy // / /2025 Sub-Assistant Registrar (C.S - I / II/ III / IV) mbi To 1.S.Palanisamy IAS (Retired), The Chairman / Managing Director, Tamil Nadu Ware Housing Corporation Ltd., No.100, Anna Salai, Guindy, Chennai 32.

2.The Section Officer, Contempt Section, Madurai Bench Of Madras High Court, Madurai.

+6 cc to M/s. C.Gangai amaran Advocate S.R.No.47896, 47895, 47894 Sub Application(MD)Nos.296 to 298 of 2025 in Cont.P.(MD)Nos.1172 to 1174 of 2025 CT (13/08/2025) 5P/9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023