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Madras High CourtCONT P(MD)/1954/2025dismissed

M.Rajalakshmi v. Supriya Sahu I.A.S.,

2025-07-23Honourable Mr.Justice Shamim Ahmed6 pages

CONT P(MD) NO. 1954 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23-07-2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED CONT P(MD) NO. 1954 of 2025 M.Rajalakshmi W/o (Late) T.Muniyasamy, Forest Guard, Vazhuthur Village, Vazhantharavi Post, Ramanathapuram Taluk, Ramanathapuram District - 623 536.

Petitioner(s) Vs

1. Supriya Sahu I.A.S., The Secretary to Government, Environment and Forest Department, Secretariat, Fort St George, Chennai - 600 009.

2. Mr.Subrat Mohapatra I.F.S., The Principal Chief conservator of Forest, (Head of Forests), Panagal Buildings, Saidapet, Chennai - 600015.

Now this office situated at Velacherry Main Road, Guindy, Chennai - 32.

3. Mrs.S.Hemalatha, The District Forest Officer Cum Wild Life Warden, Ramanathapuram Division, Ramanathapuram.

Respondent(s) PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to initiate contempt of Court proceedings against the respondents No.1 to 3/contemnors herein for the non compliance of the order passed by this Court in W.P.(MD) No.22033 of 2019 on 18.10.2019 and punish the contemnors.

For Petitioner(s):

Mr.I.Kanna Patel

For Respondent(s):

Mr.D.Sadiq Raja Additional Government Pleader for respondents

ORDER

This Contempt Petition has been filed with the prayer that the respondents/contemnors have not complied with the judgment and order passed by this Court in W.P.(MD) No.22033 of 2019, dated 18.10.2019.

2.Heard Mr.I.Kanna Patel, learned counsel for the petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader has accepted notice for the respondents. Thus, there is no need to issue notice to the respondents.

3.The Co-ordinate Bench of this Court, vide judgment and order dated 18.10.2019, had disposed of the said writ petition with the following observations:- "4.Dealing with the subject matter, in detail, the Division Bench of this Court has passed an order on 27.03.2018 in W.A(MD)Nos.51 of 2018 and etc batch cases, analysing all the corresponding G.Os in the Judgment and ultimately, observed in paragraph No.31(v) as follows:- "So far as W.P(MD)No.6678 of 2017 is concerned, though the petitioner seeks for promotion to the post of Plot Watcher, the same is a misnomer as it is not a promotion, but absorption in the post of Forest Watcher. Therefore, whatever the relief granted to the other petitioner, shall enure in favour of this petitioner also and the Writ Petition stands disposed of accordingly."

5.Agreed with the same, this Writ Petition stands disposed of in similar line. No costs." 4.The learned counsel appearing through video conferencing from Chennai for the Petitioner submits that despite the judgment and order passed by the Writ Court in W.P.(MD) No.22033 of

2019, dated 18.10.2019, the respondents have not complied with the directions of this Court and have wilfully and deliberately flouted the order passed by the Writ Court, dated 18.10.2019 and are in contempt of the judgment and order of this Court. 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, in compliance of the judgment and order passed by the Writ Court in W.P. (MD) No.22033 of 2019, dated 18.10.2019, has filed an affidavit of compliance, dated 15.07.2025, which is now taken on record, annexing a copy of the Government Order made in G.O.(2D) No.173, Environment, Climate Change and Forest (FR.2.(ii)) Department, dated 02.09.2023 as well as the consequential order of the Principal Chief Conservator of Forests (Head of Forest Force), Guindy, Chennai 600 032, dated 04.09.2023, in which it has been stated that the judgment and order passed by this Court in W.P.(MD) No.22033 of 2019, dated 18.10.2019 has been complied with.

6.In paragraph No.7 of the compliance affidavit, the said fact has been clearly stated, which reads as follows:- "7. It is respectfully submitted that the aforesaid order of this Hon'ble High Court, has been complied with in G.O. (2D).No.173, Environment and Climate Change and Forests (FR.2.(ii)) Department, Dated. 02.09.2023 and consequential order issued vide the Principal Chief Conservator of Forests, Ref. No. LL3/50119/2019, dated 04.09.2023 and Wildlife Warden, Ramanathapuram Proc. No.5134/2019/E2, dated 22.09.2023 to regularize the service of the petitioners on par with their juniors and pension and other consequential pensionary benefits was

sanctioned vide Accountant General, Chennai Ref. No.P27/12729230/5/PPO No.F2729230 Dated. 18.01.2024. The aforesaid Government order was served and dated acknowledgement also received from the petitioner on 04.09.2023. 04.09.2023."

7.It was further submitted that the pensionary benefits were also paid to the petitioner, vide order dated 18.01.2024. 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 18.10.2019 has been fully complied with. 8.Mr.I.Kanna Patel, learned counsel appearing through video conferencing from Chennai for the petitioner submits that the respondents have not disbursed the amount to the petitioner as per the judgment and order of the Writ Court in W.P.(MD) No.22033 of 2019, dated 18.10.2019. Thus, he prays this Court that the petitioner may be given liberty to challenge the aforesaid orders before the competent Court of law, if the petitioner is aggrieved with the amount paid to her. However, he has no objection, if the respondents are discharged from the contempt proceedings, as the judgment and order of the Writ Court dated 18.10.2019 has been complied with by the respondents.

9.Accordingly, in view of the submissions made by the learned counsels for the parties and after perusal of the judgment and order made in W.P.(MD) No.22033 of 2019, dated 18.10.2019 and the compliance affidavit of the respondents, dated 15.07.2025, annexing a copy of the Government Order made in G.O.(2D) No.173, Environment, Climate Change and Forest (FR.2. (ii)) Department, dated 02.09.2023 as well as the consequential order of the Principal Chief Conservator of Forests (Head of Forest Force), Guindy, Chennai 600 032, dated 04.09.2023,

and also considering the fact that the petitioner was paid with the pensionary benefits, this Court satisfied that the direction issued by this Court in W.P.(MD) No.22033 of 2019, dated 18.10.2019 has been complied with by the respondents and thus, no useful purpose will be served in continuing the present contempt proceedings against the respondents. 10.Accordingly, the Contempt Petition is finally disposed of with liberty to the petitioner to challenge the aforesaid order before the competent Court of law, if she so desires and the respondents are discharged from the present contempt proceedings. No costs. The file is consigned to record.

23-07-2025 mm To

1. Supriya Sahu I.A.S., The Secretary to Government, Environment and Forest Department, Secretariat, Fort St George, Chennai - 600 009.

2. Mr.Subrat Mohapatra I.F.S., The Principal Chief conservator of Forest, (Head of Forests), Panagal Buildings, Saidapet, Chennai - 600015.

Now this office situated at Velacherry Main Road, Guindy, Chennai - 32.

3. Mrs.S.Hemalatha, The District Forest Officer Cum Wild Life Warden, Ramanathapuram Division, Ramanathapuram.

SHAMIM AHMED, J.

mm CONT.P(MD) No.1954 of 2025 23.07.2025