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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Ms.JUSTICE P.T.ASHA, J
T.Shankar – Appellant
Versus
N.Sankar – Respondent
ORDER :
A public servant who has a duty to uphold the law and maintain the integrity of administration has not only failed in the above duty, but has also, with impunity, disobeyed the orders of this Court. The impunity and the disobedience are all the more shocking in as much as she has manipulated the records.
2. The petitioner herein is the respondent in the application filed under Section 3(2)(b) of The Tamil Nadu Cultivating Tenants Protection Act, 1955 before the Revenue Court, Mayiladuthurai which Court is presiding over by the 2nd respondent.
3. The petitioner would submit that after harvesting the paddy on 16.08.2024, he had approached the Village Administrative Officer for the issuance of Chitta and Adangal to produce it before the Government Direct Procurement Centre for the sale of paddy. The Village Administrative Officer had refused to grant the said documents stating that the 2nd respondent had passed an order not to grant Chitta and Adangal in respect of the subject survey numbers. The petitioner had demanded for a copy of this order and on perusal of the same, he came to know that the 2nd respondent in her capacity as a Presiding Officer of the Revenue Court, Mayiladu
Wilful disobedience of court orders by a public servant constitutes civil contempt, necessitating accountability and disciplinary action.
Failure to comply with a court order, even pending appeal without stay, constitutes contempt of court.
The pendency of a writ appeal does not absolve the respondents from complying with the court's order, unless a stay of the order has been obtained from the appellate court.
Contempt of court requires willful disobedience of a court order; mere delay, especially under extenuating circumstances, does not constitute contempt.
when the contemnor deliberately and willfully violated the order of the Court, he is liable for consequences under Section 12 of the Contempt of Courts Act, but the Court cannot be hyper sensitive in....
A contempt petition can be closed when compliance with prior court orders is confirmed.
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