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Madras High CourtCONT P(MD)/2322/2023disposed of

G.Marriappan v. K.P.Karthikeyan

2025-08-20Honourable Mr.Justice Shamim Ahmed7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED G.Mariappan ... Petitioner vs.

1.K.P.Karthikeyan, I.A.S., District Collector, representing the Empower Committee, Tirunelveli District.

2.K.S.Mahendrakumar, Managing Director, The Tamilnadu State Transport Corporation, Tirunelveli LTD., Tirunelveli.

3.V.Saravanan, General Manager, Tamilnadu State Transport Corporation, Tirunelveli LTD., Tirunelveli Region, Tirunelveli.

... Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court to initiate contempt proceedings against the contemnors/respondents No.1 to 3 and punish them for the willful disobedience of the order, dated 27.02.2017 made in W.P.(MD)No.1841 of 2015.

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For Petitioner :Mr.S.Balamurugan For R1 :Mr.D.Sadiq Raja Additional Government Pleader For R2 and R3 :Mr.K.Ramiah *****

O R D E R

This is a petition seeking initiation of contempt proceedings against the respondents for violation of the order, dated 27.02.2017 passed by the Writ Court in W.P.(MD)No.1841 of 2015.

2.Heard Mr.S.Balamurugan, learned Counsel for the petitioner, Mr.D.Sadiq Raja, learned Additional Government Pleader for the 1st respondent and Mr.K.Ramiah, learned Counsel for the 2nd and 3rd respondents.

3.The Co-ordinate Bench of this Court, vide order, dated 27.02.2017 in W.P.(MD)No.1841 of 2015, had passed the following order:- "4.Finding that the present issue on hand is squarely covered by the judgment of this Court, dated 27.02.2017, this writ petition is allowed and the impugned meeting/order dated 01.08.2014 is hereby set aside. The respondents, particularly State Government are directed to sanction the medical expenses incurred by the petitioner as per the eligibility criteria in terms of amount under the scheme along with 2/7

interest @ 9% p.a. without standing on technicalities and release the eligible amount to the petitioner within a period of two months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed."

4.The learned Counsel for the petitioner submits that despite the judgment and order passed by this Court in W.P.(MD)No.1841 of 2015, dated 27.02.2017, the respondents have not complied with the directions of this Court and they have wilfully and deliberately flouting the orders passed by this Court, dated 27.02.2017. Thus, the learned Counsel submits that the respondents should be summoned and punished for committing contempt 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 first respondent and Mr.K.Ramiah, learned Counsel for the respondents 2 and 3, in compliance of the judgment and order passed by the Writ Court, dated 27.02.2017, produced a compliance affidavit along with a decision taken by the Secretary to Government, Finance (Health Insurance) Department, dated 26.02.2024, by 3/7

which, a total sum of Rs.2,75,195/- was paid to the petitioner. The order passed by Secretary to Government, Finance (Health Insurance) Department, dated 26.02.2024, is taken on record. A copy of the order, dated 26.02.2024, has also been given to the learned Counsel for the petitioner. Thus, they submit that as the judgment and order passed by this Court has been fully complied with by the respondents, the respondent may be discharged from the present contempt proceedings and the present Contempt Petition may be disposed of.

6.Mr.S.Balamurugan, learned Counsel for the petitioner submits that he also received the copy of the order passed by the Secretary to Government, Finance (Health Insurance) Department, dated 26.02.2024, and on perusing the order, dated 26.02.2024, he submits that the order passed by the Secretary to Government, Finance (Health Insurance) Department, dated 26.02.2024, was not as per the directions issued by the Writ Court and a wrong calculation has been made in paragraph No.8, whereas, the petitioner is entitled for more amount. Thus, he submits that the petitioner may be given liberty to challenge the order, dated 26.02.2024 before the competent Court of law.

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7.After considering the arguments, as advanced by the learned Counsel for the parties and after perusal of the order passed by this Court in W.P.(MD)No.1841 of 2015, dated 27.02.2017 and the order passed by the Secretary to Government, Finance (Health Insurance) Department, dated 26.02.2024, this Court is also satisfied that the respondents have made fully complied with the directions issued by this Court and no useful purpose will be served in continuing the present contempt proceedings any further. Accordingly, the respondents are discharged from the present contempt proceedings and the present Contempt Petition is disposed of. If the petitioner is aggrieved by the order passed by the Secretary to Government, Finance (Health Insurance) Department, dated 26.02.2024, he may challenge the same before the competent Court of law. The file is consigned to record. No order as to costs.

Index :Yes / No 20.08.2025 Internet :Yes / No NCC :Yes / No cmr 5/7

To 1.The District Collector, representing the Empower Committee, Tirunelveli District.

2.The Managing Director, The Tamilnadu State Transport Corporation, Tirunelveli LTD., Tirunelveli.

3.The General Manager, Tamilnadu State Transport Corporation, Tirunelveli LTD., Tirunelveli Region, Tirunelveli.

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SHAMIM AHMED, J.

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