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2026 Supreme(Online)(Mad) 19020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
N. Priyatharshini – Appellant
Versus
B. Jothi Nirmalasamy, I.A.S – Respondent
Sub Appl No. 268 of 2026 | Cont.P.Dr.No.154192 of 2024
Important Points
Subject
Contempt of Court - Third-party Contempt
Headnote
Findings of Court:
The court determined that since the applicant was not a party in the writ proceeding, they could not file for contempt.
Issues: The key issue framed was whether a non-party could seek contempt for an order made in a writ proceeding.
Ratio Decidendi: The court reasoned that the applicant, not being a party to the proceeding, does not possess standing to seek contempt relief, thereby confirming the established principle of standing in contempt applications.
Result: Accordingly, the sub-application is dismissed and the Contempt Petition is rejected at the SR stage itself.
For the Appellants/Petitioners: Mr.SP.Yuvaraj
| Table of Content |
|---|
| 1. understanding the context of the contempt petition filed. (Para 1 , 2) |
| 2. claim of promotion tied to legal standing. (Para 3) |
| 3. court's ruling on the application. (Para 4) |
(Order of the Court was made by S.M.Subramaniam J.)
The present Sub-application has been instituted to grant leave to the petitioner to file a third-party contempt against the order dated 31.08.2016 passed in WA No.2280 of 2011.
2. Admittedly, petitioner is not a party in the writ proceeding as well as in the WA.No.1100 of 2023.
3. Learned counsel for the petitioner would submit that the petitioner is holding the post of State Tax Officer and his next avenue for promotion is Assistant Commissioner of Commercial Tax. Since the petitioner is not a party, by instituting a contempt petition, he cannot seek promotion to the post of Assistant Commissioner of Commercial Tax. However, he is at liberty to workout his remedy in the manner known to law.
4. Accordingly, the sub-application is dismissed and the Contempt Petition is rejected at the SR stage itself. No costs.
