High Court · 2025

SUB A(MD) NO. 229 of 2023BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26-06-2025CORAMTHE HONOURABLE MR.JUSTICE SHAMIM AHMEDSUB A(MD) NO. 229 of 2023INCONT P(MD) SR NO. 60348 OF 2023 M.RajalakshmiW/o (Late) T.Muniyasamy,Forest Guard, Vazhuthur village,Vazhantharavi Post, Ramanathapuram Taluk,Ramanathapuram District 623 536 PetitionerVs1. Supriya Sahu IasThe Secretary to Government Environment and Forest DepartmentSecretariat, Fort St. George,Chennai - 600 0092. Subrat Mohapatra, IFSThe Principal Chief Conservator of Forest(Head of Forests)Panagal Buildings, SaidapetChennai - 600 015Now this office situated atVelacherry Main RoadGuindy, Chennai - 323. S.HemalathaThe District Forest Officer cum Wild Life WardenRamanathapuram DivisionRamanathapuram.Respondents1/7 https://www.mhc.tn.gov.in/judis SUB A(MD) NO. 229 of 2023PRAYER: This application is filed under Section 151 of CPC, to allow the subapplication petition and the contempt petition in Cont.P.(MD) SR.No.60348 of 2023as an emergent application due to the death of petitioner husbandlate.T.Muniyasamy in the main writ petition and to initiate contempt of Courtproceedings against the contemnors/respondents 1 to 3 for wilful disobedienceherein for the non compliance of the order to punish the contemnors.For Petitioner : Mr.I.Kanna PatelFor Respondents: Mr.D.Sadiq RajaAdditional Government Pleader ORDERThe present sub-application has been filed to number the Contempt Petitionbearing Cont.P.(MD)SR.No.60348 of 2023.2.Mr.I.Kanna Patel, learned counsel appearing through 'video conferencing'for the petitioner submits that the present sub application has been filed by the wifeof Mr.Late.T.Muniyasamy, who has filed a writ petition bearing W.P.(MD) No.22033of 2019 before this Court for the following relief:-“to issue a Writ of Mandamus, directing the respondents to appoint and promotethe petitioner as Forest Watcher with effect from the date of his juniorsappointment and promotion by considering the petitioner representationdt.02/08/2018 in the light of the order passed in W.P.No.15561 of 20062/7 https://www.mhc.tn.gov.in/judis SUB A(MD) NO. 229 of 2023dt.10/03/2008, W.A.No.690 of 2008 dt.13/10/2009, WP.No.23374 of 2008dt.30/10/2009, W.A.No.607 of 2010 dt.20/03/2010 and Government Letter of thefirst respondent dt.03/03/2017 with all consequential benefits.” 3.The Co-ordinate Bench of this Court, vide judgment and order dated18.10.2019, had disposed of the said writ petition with the following directions:-4.Dealing with the subject matter, in detail, the Division Bench of this Court haspassed an order on 27.03.2018 in W.A(MD)Nos.51 of 2018 and etc batch cases,analysing all the corresponding G.Os in the Judgment and ultimately, observed inparagraph No.31(v) as follows:-“So far as W.P(MD)No.6678 of 2017 is concerned, though the petitioner seeks forpromotion to the post of Plot Watcher, the same is a misnomer as it is not apromotion, but absorption in the post of Forest Watcher. Therefore, whatever therelief granted to the other petitioner, shall enure in favour of this petitioner alsoand the Writ Petition stands disposed of accordingly.” 5.Agreed with the same, this Writ Petition stands disposed of in similar line. Nocosts.” 4.It was further submitted that the petitioner's husband, namely,Mr.Late.T.Muniyasamy, who has filed a writ petition bearing W.P.(MD) No.22033 of2019, died on 03.03.2023. Therefore, the petitioner, namely, M.Rajalakshmi, has filed3/7 https://www.mhc.tn.gov.in/judis SUB A(MD) NO. 229 of 2023the present sub-application on behalf of his husband, as she is the legal heir of herdeceased husband. 5.The learned counsel for the Petitioner further submits that despite thejudgment and order passed by this Court in W.P.(MD)No.22033 of 2019, dated18.10.2019, the respondents/contemnors have not complied with the directions ofthe Writ Court and they have wilfully and deliberately flouting the orders passed bythis Court, dated 18.10.2019. Thus, the learned counsel submits that the present subapplication may be allowed and the Contempt Petition may also be numbered andthe respondents should be summoned before this Court and punished forcommitting contempt by exercising the powers under Sections 11 and 12 of theContempt of Courts Act, 1971. 6.Mr.D.Sadiq Raja, learned Additional Government Pleader takes notice forthe respondents. Therefore, no notice is required to be issued to the Respondents. 7.Mr.D.Sadiq Raja, learned Additional Government Pleader, who acceptednotice on behalf of the respondents, prays this Court that a last opportunity may begiven to the respondents to make compliance of the judgment and order made inW.P.(MD)No.22033 of 2019 dated 18.10.2019 and the respondents will file acompliance affidavit, annexing a decision taken by them on the next date of hearingfixed. 4/7 https://www.mhc.tn.gov.in/judis SUB A(MD) NO. 229 of 20238.Accordingly, after hearing the learned counsel for the parties, after perusal ofthe judgment and order made in W.P.(MD) No.22033 of 2019 dated 18.10.2019 andalso considering the request made by the learned Additional Government Pleaderfor the respondents/contemnors and also considering the averments made in theaffidavit filed in support of this petition, this Sub Application is allowed and theOffice is directed to number the Contempt Petition within a period of one weekfrom today.9.Further, as a last chance, this Court grants 10 days and no more further timeto the respondents/contemnors to make full compliance of the directions issued bythis Court in W.P.(MD) No.22033 of 2019, dated 18.10.2019 and to file an affidavit ofcompliance in this regard, annexing a decision taken by them. The decision taken bythe respondents shall also be communicated to the applicant, namely,M.Rajalakshmi, who is the wife of Mr.Late.T.Muniyasamy, by the respondentsthrough RPAD on or before the next date of hearing. 10.It is made clear that if the judgment and order, dated 18.10.2019, is notcomplied with on or before the next date fixed, the respondents are directed toappear in person before this Court on the next date of hearing and justify as to whythe judgment and order dated 18.10.2019 is not complied with and as to whycontempt proceedings should not be initiated as against them.5/7 https://www.mhc.tn.gov.in/judis SUB A(MD) NO. 229 of 202311.Put up this case 'for orders' on 23.07.2025 before the appropriate Bench. Leta copy of this order be issued to Mr.D.Sadiq Raja, learned Additional GovernmentPleader for the respondents for its necessary compliance and information. sd/- 26/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.MMTO1 THE SECRETARY TO GOVERNMENTENVIRONMENT AND FOREST DEPARTMENTSECRETARIAT, FORT ST. GEORGE,CHENNAI - 600 0092 THE PRINCIPAL CHIEF CONSERVATOR OF FOREST(HEAD OF FORESTS)PANAGAL BUILDINGS, SAIDAPETCHENNAI - 600 015NOW THIS OFFICE SITUATED ATVELACHERRY MAIN ROAD,GUINDY, CHENNAI -326/7 https://www.mhc.tn.gov.in/judis SUB A(MD) NO. 229 of 20233 THE DISTRICT FOREST OFFICER CUM WILD LIFE WARDENRAMANATHAPURAM DIVISIONRAMANATHAPURAM.COPY TOMr.D.SADIQ RAJA,ADDITIONAL GOVEERNMENT PLEADER,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. ORDER IN SUB A(MD) No.229 of 2023INCONT P(MD) SR No.60348 of 2023 Date :26/06/2025NM/09.07.2025/ 7P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7