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2026 DAILYLAW 6772 (MAD)

P. Sureshbabu and another v. K. Elangovan

CONT P/1150/2026 · 2026-03-27

T Vinod Kumar

Transfer Petitionbody2026

Judgment text

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CONT P No. 1150 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-03-2026 CORAM THE HONOURABLE MR.JUSTICE T. VINOD KUMAR CONT P No. 1150 of 2026 1. P. Sureshbabu 2. P.Prabhavathy Petitioners Vs K. Elangovan Managing Director, Tamilnadu State Express Transport Corporation Ltd., No.2, Pallavan Salai, Chennai - 600 002. Contemnor PRAYER Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the 1st respondent for willful disobedience of the Order passed by this in W.P.No.32746 of 2015 dated 21.11.2019. For Petitioners: Mr.M.Kaviveerappan, For Respondent: Mr.M.Vinoth, Standing Counsel ORDER This Contempt Application is filed to punish the respondents for their wilful disobedience of the order of this Court, dated 21.11.2019 in W.P.No.32746 of 2015. 1/5 https://www.mhc.tn.gov.in/judis CONT P No. 1150 of 2026 2. Heard the learned counsel for the petitioners and the learned Standing Counsel for the respondents and perused the records. 3. A co-ordinate bench of this Court while disposing of the aforesaid W.P.No.32746 of 2015, directed as under:- “9. Considering the facts and circumstances of the case, this Court directs the respondents to consider the petitioner's representation dated 22.04.2015 and extend the benefits of G.O. (D)No.107, Transport (D) Department, dated 05.07.2006 to the petitioner by promoting him as Selection Grade Assistant Manager with effect from the year 2001 and grant all other benefits to which he is entitled under law, as expeditiously as possible within a period of twelve weeks from the date of receipt of a copy of this order. No costs.” 4. Though on behalf of the petitioner, it is contended that despite this Court directing the respondents to grant the benefits by considering the representation dated 22.04.2015, within a period of twelve weeks from the date of receipt of a copy of the order, the respondents did not comply with the order. 5. The learned counsel for the petitioner submitted that despite the petitioner following up the matter with the respondents, the respondents kept the issue pending and as such, the petitioner was constrained to file the present contempt case on 09.06.2025. 2/5 https://www.mhc.tn.gov.in/judis CONT P No. 1150 of 2026 6. I have taken note of the aforesaid submission made on behalf of the petitioner. 7. At the outset, it is to be noted that Section 20 of the Contempt of Courts Act, 1971 prescribes t1he limitation period of one year for initiating contempt proceedings. 8. This 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. 9. This 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. 10. In the facts of the present case, the cause of action for the petitioner to file a petition had arisen on expiry of twelve weeks time granted by this Court from the date of receipt of a copy of the order dated 21.11.2019. The petitioner not only did not take any action thereafter within time prescribed under the 3/5 https://www.mhc.tn.gov.in/judis CONT P No. 1150 of 2026 Contempt of Courts Act, 1971, on the other hand had approached this Court by filing the present contempt case nearly six years later. 11. Having 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. 12. Accordingly, this Contempt Petition is dismissed. There shall be no order as to costs. 27-03-2026 vum Index:Yes/No Speaking/Non-speaking order Neutral Citation:Yes/No To 1.K. Elangovan Managing Director, Tamilnadu State Express Transport Corporation Ltd., No.2, Pallavan Salai, Chennai - 600 002. 4/5 https://www.mhc.tn.gov.in/judis CONT P No. 1150 of 2026 T.VINOD KUMAR J. vum CONT P No. 1150 of 2026 27-03-2026 5/5 https://www.mhc.tn.gov.in/judis