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2025 Supreme(Mad) 5695

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, J.
Mrs. R. Lalithambai, D/o Sivapatha Mudaliar – Petitioners
Versus
Thiru. Anshul Mishra, IAS. – Respondent
Cont. P. No. 2790 of 2024
Decided On : 28-04-2025

Advocates appeared:
For petitioner: Mr.K.V.Subramanian Associates
For respondent: Mrs.P.Veena Suresh, Standing Counsel for CMDA

Public officials must comply with court orders; failure constitutes civil contempt and invites punishment.

Headnote:(A) Contempt of Courts Act - Section 2(b) and Section 12 - Non-compliance with court order - The respondent failed to implement the court's directive to consider the petitioners' representation within the stipulated time, leading to a contempt petition - The court found wilful disobedience of its order and held the respondent guilty of civil contempt. (Paras 8-12)

(B) Public Duty - Public servants are mandated to act fairly and expeditiously in accordance with the law, particularly when directed by a constitutional court - Failure to comply undermines the rule of law and public trust. (Paras 9-10)

Facts of the case:
The petitioners filed a contempt petition alleging the respondent's failure to comply with a court order mandating the consideration of their representation regarding land acquisition. The order required a response within two months, which was not adhered to, prompting the contempt action.

Findings of Court:
The respondent was found guilty of civil contempt for willfully disobeying the court's order, leading to a sentence of one month imprisonment and a compensation of Rs.25,000 to be paid to the petitioners.

Issues: The primary issue was whether the respondent's failure to comply with the court's order constituted contempt of court.

Ratio Decidendi: The court emphasized that public officials must adhere to court orders and that failure to do so, particularly when wilful, constitutes contempt, warranting punishment. The respondent's excuses for delay were deemed unsatisfactory.

Result: The Contempt Petition is allowed.

Table of Content
1. contempt petition filed for non-compliance with court's directive. (Para 1 , 2 , 3)
2. allegations of non-compliance and procedural delays. (Para 4 , 5 , 6)
3. court's observation on public duty and compliance. (Para 8 , 9)
4. finding of wilful contempt and resultant punishment. (Para 10 , 11 , 12)

ORDER

This Contempt Petition is filed praying to initiate contempt proceedings against the respondent for not implementing and violating the order of this Court, dated 22.11.2023 made in W.P.No.32843 of 2023 and award suitable punishment as this Court may deem fit and proper in the circumstances of the case.

2. The petitioners have filed earlier a Writ Petition in W.P.No.32843 of 2023 praying to issue a Writ of Mandamus to direct the respondent therein to consider the petitioner's representation dated 10.05.2023 and consequently pass suitable orders as per law, after affording reasonable opportunities to the petitoners by way of personal hearing to be attended by their representatives/Advocates within the stipulated time in the interest of justice.

3. The above said Writ Petition was disposed of on 22.11.2023, directing the respondent to consider the representation made by the petitioners, dated 10.05.2023, after issuing notice to the petitioners as well as interested parties/rival claimants, if any, and thereafter conduct the inquiry and pass appropriate orders on merits and in accordance with law. The said exercise is to be completed within a period of two months from the date of receipt of a copy of this order.

4. Alleging non-compliance of the above order, the petitioners have filed the present contempt petition.

5. According to the petitioners, the order under contempt was passed on 22.11.2023, and the petitioners have sent representation to the respondent and communicated the order under contempt and the reminder was sent on 02.05.2024 and thereafter, they have even issued legal notice on 21.06.2024, which was acknowledged by the respondent and inspite of the same, the order under contempt has not been complied with, leading to filing of the present Contempt Petition.

6. Since the respondent has not complied with the order under contempt, notice was directed to be issued to the respondent and the respondent had filed compliance report stating as follows:

(a) In consideration of the representation dated 10.05.2023, a letter in No.Kl/9547/1996, dated 17.02.2025 was issued by the office of the Member Secretary, CMDA to the petitioners requesting them to attend the personal enquiry to be held on 21.02.2025 at the respondent's office. The petitioners attended the said enquiry on 21.02.2025 and requested the authorities to release

6.5 cents of land and re-convey, as they are aged and that the land was proposed to be taken for road widening, but the Revenue Records indicate the same to be "poramboke" and hence, re-conveyance of the said 6.5 cents of the subject land, was requested. In the subject representation, the petitioners had requested for re-conveyance of the land of an extent of 6.5 cents in S.No.56/4 of Koyambedu Village out of 17 cents acquired, vide Award No.13/83, dated 23.09.1983 of the Special Deputy Collector (LA), Tamil Nadu Housing Board, Ashok Nagar, Chennai-600 083. As per the above Award proceedings, the petitioner's land in S.No.56/4 in Koyambedu Village, measuring an extent of 0.17 acres, have been acquired, in which the rate of the land value had been fixed at Rs.99 per cent. All the lands under acquisition are low lying due to excavation of earth and wherein the level which required reclamation.

(b) The technical authorities have prepared necessary estimates for the reclamation of the land to bring them into level lands. The reclamation charges estimated by the technical authorities exceeds the market value of the lands at the rate of Rs.99/- per cents explained below:

(c) As the reclamation charge exceeded the land value at Rs.99/- per cent, a nominal value of Re.1/- (Rupee one only) per cent shall be p

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