D.Vetrithingal v. Jeya Sudha

ORDER This Contempt Application is filed to punish the respondent for their wilful disobedience of the order of this Court, dated 23.07.2014 in W.P.No.29838 of 2013.

¶2Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondent and perused the records.

¶3The petitioner herein is the respondent in W.P.No.29838 of 2013

¶4A co-ordinate bench of this Court while dismissing the aforesaid W.P.No. 29838 of 2013 filed by the respondent herein, directed as under:- "44. For the aforesaid reasons, the writ petition is dismissed. Since the first respondent is a senior citizen and he retired from service on 30.06.2007, the petitioner is directed to pay the benefits of the award, as well as the terminal benefits, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed."

¶5On behalf of the petitioner, it is contended that despite this Court directing the respondent herein to grant the terminal benefits to the petitioner, within a period of eight weeks from the date of receipt of a copy of the order passed in the aforementioned writ petition, which is affirmed by the Division Bench of this Court vide Judgment dated 05.07.2023 in W.A.No.921 of 2021, the respondent herein failed to comply with the same.

¶6The learned counsel for the petitioner submitted that despite the petitioner following up the matter, the respondent herein kept the issue pending and as such, the petitioner was constrained to file the present contempt case on

11.11.2025.

¶7I have taken note of the aforesaid submission made on behalf of the petitioner.

¶8At the outset, it is to be noted that Section 20 of the Contempt of Courts Act, 1971 prescribes the limitation period of one year for initiating contempt proceedings.

¶9This Court by order dated 01.06.2023 in Cont.P.Nos.2599 & 3033 of 2025 and Cont.P.No.2706 of 2025 had considered the scope of Section 20 of the Contempt of Courts Act and Article 215 of the Constitution of India, and also as to what would constitute continuing cause of action.

¶10This Court having regard to the law declared by the Hon'ble Apex Court had held that Section 20 of the Contempt of Courts Act, being a specific provision, the contempt petitions have to be filed within one year when the cause of action arises.

¶11In the facts of the present case, the cause of action for the petitioner to file a petition had arisen on 05.07.2023 on which date, the writ appeal had been dismissed. The petitioner not only did not take any action thereafter within time prescribed under the Contempt of Courts Act, 1971, and on the other hand had approached this Court by filing the present contempt case nearly two years later.

¶12Having regard to the decision of the Hon'ble Apex Court and this Court, this Court is of the view, that the present contempt petition cannot be entertained.

¶13Accordingly, this Contempt Petition is dismissed. There shall be no order as to costs. 17-04-2026 vum Index:Yes/No Speaking/Non-speaking order To Jeya Sudha Administrator, Thiruvarur Consumer Co-operative Wholesale Stores Ltd., D.No.39, Illaiamman Sannathi, Thiruvarur - 610 001, Thiruvarur District. T.VINOD KUMAR J. vum

17-04-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-04-2026 CORAM THE HONOURABLE MR.JUSTICE T. VINOD KUMAR D.Vetrithingal Petitioner Vs Jeya Sudha, The Administrator, Thiruvarur Consumer Co-operative Wholesale Stores Ltd., D.No.39, Illaiamman Sannathi, Thiruvarur - 610 001, Thiruvarur District. Contemnor(s) PRAYER This Contempt Petition filed under Section 11 of the Contempt Petition, 1971, to punish the respondent herein for disobeying the orders of this Court dated 23.07.2014 passed in W.P.No.29838 of 2013, on the file of this Court. For Petitioner : Mr.K.Govi Ganesan For Respondent : Mrs.P.Raja Rajeswari, Government Advocate