SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 24182

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T. VINOD KUMAR, J
C.Ganesan – Appellant
Versus
Mr.N.Nandhagopal – Respondent
Contempt Petition | W.P.No.21991 of 2021



Advocates:
For the Petitioner: Mr.K.Lavan
For the Respondent:Mr.V.Umakanth Government Advocate

Contempt petition dismissed due to filing beyond one-year limitation under the Contempt of Courts Act.

Headnote:This case involves a contempt petition filed under Section 11 of the Contempt of Courts Act, 1971 due to willful disobedience of a prior court order. The court determined that the contempt petition was filed beyond the one-year limitation as prescribed by Section 20 of the Contempt of Courts Act, leading to its dismissal. The petitioner failed to initiate contempt proceedings within the required timeline, thus not meeting the necessary legal standards for the court's intervention.

Table of Content
1. filing of contempt petition related to non-compliance. (Para 1 , 3 , 4)
2. petitioner's failure to comply with the statutory limitation. (Para 6 , 8 , 9)
3. final decision to dismiss the contempt petition. (Para 10)

ORDER

This contempt petition is filed for not complying with the order dated

27.09.2023 in W.P.No.21991 of 2021, whereby, this Court had directed the respondent to give effect to the appointment order passed by the third respondent vide his proceedings in R.C.No.7/2017-18 dated 11.11.2020, within a period of eight (8) weeks from the date of receipt of a copy of the order. 2. The copy of the aforesaid order was made ready and delivered on

14.12.2023.

3. Though on behalf of the petitioner, it is contended that despite this Court directing the respondent to give effect to the appointment order passed by the third respondent dated 11.11.2020 within a period of eight weeks from the date of receipt of a copy of the order, the respondent did not comply with the order and wilfully disobeyed the order.

4. The learned counsel for the petitioner submitted that despite the petitioner following up the matter with the respondent, the respondent kept the issue pending and as such, the petitioner was constrained to file the present contempt case on 17.12.2025.

5. I have taken note of the aforesaid submission made on behalf of the petitioner.

6. At the outset, it is to be noted that Section 20 of the Contempt of Courts Act, 1971 prescribes limitation of one year for initiating contempt proceedings.

7. This Court by order dated 28.11.2025 in Cont.P.Nos.2599 and 3033 of

2025 and Cont.P.No.2706 of 2025, dated 12.09.2025, had considered the scope of Section 20 of the Contempt of Courts Act, 1971 (in short ‘Act 1971’) and Article 215 of the Constitution of India, and also as to what would be constitute continuing cause of action.

8. This Court having regard to the law declared by the Hon’ble Apex Court, has held that Section 20 of the Contempt of Courts Act, being a specific provision, the contempt petition has to be filed within one year when the cause of action arises.

9. In the facts of the present case, the cause of action for the petitioner to initiate action for contempt had arisen on expiry of eight weeks granted by this Court from the date of receipt of a copy of the order dated 27.09.2023. The petitioner not only did not take steps thereafter within time prescribed under the Contempt of Courts Act, but remained silent for a considerable length of time and approached this Court by filing the present contempt case nearly 2 ½ years later.

10. Having regard to the decision of the Hon’ble Apex Court and this Court, the present contempt petition cannot be entertained as having been filed beyond the limitation prescribed under the Act, 1971. 11. Accordingly, this Contempt Petition is dismissed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top