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2038 DAILYLAW 2 (MAD)

M.Krishnan v. M.Ambiga, B.E.,

CONT P/2038/2026 · 2026-06-24

T Vinod Kumar

Transfer Petitionbody2038

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CONT P No. 2038 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-06-2026 CORAM THE HON'BLE MR.JUSTICE T. VINOD KUMAR CONT P No. 2038 of 2026 M.Krishnan ..Petitioner(s) Vs 1. M.Ambiga, B.E., The Chief Engineer TANGEDCO, Estt., No.144, Anna Salai, Chennai 600 002. 2. R.Agilandaeswari, B,E., The Superintending Engineer Tirunelveli Electricity Distribution Circle , Tirunelveli. 3. G.Kuthalingam, M.I.E Executive Engineer Tamil Nadu Electricity Board, Tirunelveli -11. 4. Selvam Junior Engineer Tamil Nadu Electricity Distribution, Devarkulam, Tirunelveli District. .. Respondents Prayer: Petition filed under Section 11 of Contempt of Court Act, 1971, praying to punish the respondents for having committed contempt by wilful disobedience of the order of this Court made in Writ Petition No.26753 of 2021 dated 16.02.2024. For Petitioner(s) : Mr.V.Elangovan For Respondents : Mr.Venkatesh Prasad.A.P for M/s.Advit Law Chamber https://www.mhc.tn.gov.in/judis CONT P No. 2038 of 2026 __________ Page2 of 6 ORDER This contempt petition is filed for not complying with the order dated 16.02.2024 in W.P.No. 26753 of 2021. 2. The order copy was uploaded on the High Court website/portal thereafter. The petitioner, applied for certified copy of the order on 18.04.2026 nearly after two years and the same was made ready on 29.04.2026 and delivered on the same day. 3. Though on behalf of the petitioner, it is contended that despite this Court directing the respondents to consider the representation of the petitioner in the light of the earlier judicial proceedings and also in the context of 12(3) settlement and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order, the respondents did not comply with the order and have wilfully disobeyed the order. 4. 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 18.04.2026. https://www.mhc.tn.gov.in/judis CONT P No. 2038 of 2026 __________ Page3 of 6 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 the 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 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. 8. This 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 – 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. https://www.mhc.tn.gov.in/judis CONT P No. 2038 of 2026 __________ Page4 of 6 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 three months time granted by this Court from the date of receipt of a copy of the order dated 16.02.2024. 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 years later. 10. Having regard to the decision of the Hon’ble Apex Court and this Court, is of the view that the present contempt petition as filed is not maintainable having been filed beyond the limitations prescribed under the Act. 11. Accordingly, this Contempt Petition is dismissed. 24-06-2026 Index : Yes/No. Internet : Yes/No KKD https://www.mhc.tn.gov.in/judis CONT P No. 2038 of 2026 __________ Page5 of 6 To 1. M.Ambiga, B.E., The Chief Engineer TANGEDCO, Estt., No.144, Anna Salai, Chennai 600 002. 2. R.Agilandaeswari, B,E The Superintending Engineer Tirunelveli Electricity Distribution Circle / Tirunelveli. 3. G.Kuthalingam, M.I.E Executive Engineer Tamil Nadu Electricity Board, Tirunelveli -11. 4. Selvam Junior Engineer Tamil Nadu Electricity Distribution, Devarkulam, Tirunelveli District. https://www.mhc.tn.gov.in/judis CONT P No. 2038 of 2026 __________ Page6 of 6 T.VINOD KUMAR, J. KKD CONT P No. 2038 of 2026 24-06-2026 https://www.mhc.tn.gov.in/judis