M.Louis and 2 Others v. Dr.Sangumani and Another

ORDER

This Contempt Petition is filed to punish the respondents for willfully disobeying the orders of this Court in W.P.No.10233 of 2018 dated 07.06.2022.

¶2The order copy was uploaded on the High Court website/portal thereafter. The petitioner applied for certified copy of the order on

07.06.2022 and the same was made ready on 01.11.2022 and delivered on

01.11.2022.

¶3On behalf of the petitioners, it is contended that despite this Court giving the following direction: (i) Since the private respondents having been considered for appointment by recruitment by transfer and appointed long back working as Non-Medical Demonstrators and since they are also eligible to be considered in the second method of recruitment, their appointment need not be disturbed. But at the same time, the exclusion made in respect of the petitioners since having been declared to be unlawful in view of the aforestated reasons, there shall be a direction to the official respondents to consider the candidature of the petitioners also for appointment by way of recruitment by transfer to the post of Non-Medical Demonstrator in current or future vacancies provided if the petitioners still want to be considered for such appointment. (ii) Since it has been brought to the notice of this Court that, during the pendency of the Writ Petition, there was an interim direction issued by this Court not to fill up the post, pursuant to which, if any post lying vacant in the category of Non-Medical Demonstrator, in those vacancies, the candidatures of the petitioners shall be considered and by adopting the second method of recruitment by transfer, they shall also be considered and be appointed, provided if they are otherwise eligible to hold the post of the Non-Medical Demonstrator, the respondents did not comply with the order and have wilfully disobeyed the order.

¶4The learned counsel for the petitioners submitted that despite the petitioners following up the matter with the respondents, the respondents kept the issue pending and as such, the petitioners was constrained to file the present contempt case on 10.07.2025.

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

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

¶7This Court by order dated 28.11.2025 in Cont.P.Nos.2599 and 3033 of 2025 and by order dated 12.09.2025 in Cont.P.No.2706 of 2025 had considered the scope of Section 20 of the Contempt of Courts Act, 1971 (for short 'Act 1971') and Article 215 of the Constitution of India, and also as to what would constitute continuing cause of action.

¶8This Court having regard to the law declared by the Hon'ble Apex Court in the case of S.Tirupathi Rao V. M.Lingamaiah and others reported in 2024 SCC online 1764, 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.

¶9In the facts of the present case, the cause of action for the petitioners to initiate action for contempt had arisen on expiry of three months time granted by this Court from the date of receipt of a copy of the order dated 07.06.2022. The petitioners 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 3 years later.

¶10Having regard to the decision of the Hon'ble Apex Court and this Court as noted herein above, the present contempt petition cannot be entertained, having been filed beyond the limitation prescribed under the Act, 1971.

¶11Accordingly, this Contempt Petition is dismissed. However, it is open for the petitioners to work out their remedy, if so advised, in the manner known to law.

25.06.2026 Index : Yes/No Speaking order : Yes/No dna T.VINOD KUMAR

, J.

dna Cont.P

.No.2483 of 2025

25.06.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.06.2026 CORAM THE HONOURABLE MR.JUSTICE T.VINOD KUMAR Cont.P .N o.2483 of 20 1.M.Louis S/o.S.Michael, No.102/32, Dr.Ambethkar Nagar, Thiruvottiyur, Chennai-600 019. 2.E.Kasthuri, W/o.R.Rajendran, No.8/18, Judge Paramasivam Street, Perambur, Chennai-17. 3.V.Jeeva, Wife of R.Seniappan, No. 30, Jawan Palani Street, Kargil Vetri Nagar, Thiruvottiyur, Chennai - 600 019. Petitioner(s) Vs 1. Dr.Sangumani and another Director of Medical Education, Chennai - 600 006. 2.Dr. Magesh, Dean, Government Stanley Medical College, Chennai-600 001. Contemnor(s) Prayer: This Contempt Petition is filed Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for willfully disobeying the orders of this Court in W.P.No.10233 of 2018 dated 07.06.2022. For Petitioner(s): Mr.V.Jothisankar for Mr.P.Rajendran For Respondent(s): Mr.C.P.Goutham Government Advocate