Accordingly, the contemnor, B.Kalaiyarasan, Special Officer of Koovathur Primary Agricultural Cooperative Credit Society, Ariyalur District, is sentenced to undergo one (1) month simple imprisonment in the civil prison, forthwith. 6. The Registry shall communicate a copy of this order to the Superintendent of Police, Ariyalur District, for implementation. M.S. RAMESH,J. Anu

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.11.2025
CORAM
THE HONOURABLE MR. JUSTICE M.S. RAMESH
Cont.P.No. 1540 of 2022 and Sub.Appl(OS).No.1046 of 2025
P.Chinnappan … Petitioner
Vs.
1.R.Kalaiselvan,
The President,
TY.Spl.69, Koovathur Primary Agricultural
Cooperative Credit Society,
Koovathur Post,
Udayarpalayam Taluk, Ariyalur District
2.The Superintendent of Police, Ariyalur District
3.B.Kalaiyarasan,
Special Officer of Koovathur Primary
Agricultural Cooperative Credit Society,
Koovathur Post, Udayarpalayam Taluk,
Ariyalur District.
(R2 and R3 suo Motu impleaded as per the order of this Court made in Cont.P.No.1540 of 2022 dated 07.03.2025 and 04.04.2025, respectively)
… Respondents
Prayer : Contempt Petition filed under Section 11 of Contempt of Courts Act, praying to punish the respondent for willful disobedience of the order made in W.P.No.22200 of 2017 dated 03.02.2022.
For Petitioner : Mr.C.Munusamy
For Respondents : Mr.M.Himavanth for R1
Mr.Ramanlaal
Additional Advocate General assisted by Mr.M.Muthusamy for R2
Mrs.V.Yamunadevi
Special Government Pleader for R3
ORDER
In the order passed in the Writ Petition in W.P.No.22200 of 2017
dated 30.02.2022, I had directed the contemnor / the third respondent herein to forthwith disburse the entire retirement benefits to the petitioner, along with the accrued interest, within a period of two weeks. Alleging disobedience, the present Contempt Petition has been filed.
2. Though the Contempt Petition was originally listed on 08.12.2023, the Contemnor has been consistently taking time on one pretext or the other. Following are the dates of hearing of the Contempt Petition and the reason for the adjournments:
(i) On 26.10.2022, after giving two earlier opportunities to the contemnor to comply with the order passed in the Writ Petition, statutory notice was issued and the matter was listed on 22.11.2022;
(ii) Thereafter, at the instance of the contemnor, the Contempt
Petition was adjourned twice on 30.08.2023 and 12.09.2023;
(iii) On 09.02.2024, the learned Government Advocate had submitted that they would produce a cheque for Rs.5,00,000/- in the next hearing, and accordingly, the matter was adjourned;
(iv) On 22.11.2022, the contemnor appeared before this Court and represented that the society has no funds and hence, they are not in a position to settle the amount immediately and therefore sought for further time;
(v) Thereafter, on 16.02.2024, a cheque for Rs.4,60,000/- and
Rs.40,000/-, totalling to Rs.5,00,000/- was handed over to the petitioner;
(vi) On 21.02.2025, there was no representation on behalf of the contemnor and the further amounts due were also not settled and another statutory notice was ordered for his presence;
(vii) On 07.03.2025, though statutory notice was received, the contemnor failed to appear and I had recorded my dissatisfaction and had also issued a Bailable Warrant to secure his presence before this Court. The said order reads as follows:
“By an order dated 03.02.2022, I had directed the respondent herein to forthwith disburse the entire retirement benefits to the petitioner within a period of two weeks and thereby allowed the writ petition. Since the directions were not complied with, present contempt
petition has been filed by the employee.
2.The contempt petition was listed on several occasions, from 15.09.2022. In between, since the respondent did not report compliance, statutory notice was issued to the respondent, pursuant to which he had also appeared before this Court and undertaken to pay the entire arrears. Based on such statement, his personal
appearance was dispensed with on 22.11.2022. Thereafter on 16.02.2024, the respondent herein had handed over cheques for a sum of Rs.5 lakhs out of the total dues of Rs.16,48,228/-. Though the respondent was required to comply with the order in its entirety and disburse the full retirement benefits, only a part payment
we made and therefore, another opportunity was
extended to him on 21.02.2025. Though the respondent herein had received the statutory notice on 06.02.2025,
he has not appeared before this Court.
3. Hence, a Bailable Warrant is issued to secure
the presence of the respondent herein before this Court on 14.03.2025. The Superintendent of Police, Ariyalur District is suo motu impleaded as a respondent for the limited purpose of appointing a police officer not less than the cadre of Inspector of Police for execution of the
warrant.
4. Call the matter on 14.03.2025. In case the entire total dues are settled before the next hearing date, the warrant shall stand automatically recalled.”
(viii) On 14.03.2025, the Bailable Warrant was executed and the contemnor, who was present before this Court, sought for further time to pay the entire balance, and accordingly the matter was adjourned to
04.04.2025;
(ix) On the next hearing (i.e) on 04.04.2025, the contemnor had admitted that the balance amount of Rs.6,48,228/- requires to be paid to the petitioner and again sought for time;
(x) A similar request was made on 13.06.2025 also;
(xi) On 11.07.2025, a cheque for Rs.1,80,470/- was handed over to the petitioner. However, the interest rate was wrongly calculated at 6%, whereas the Payment of Gratuity Act provides for interest on belated payment of gratuity at 10%. After recording this position, both the parties were called upon to file a calculation memo with regard to the petitioner’s entitlement;
(xii) On 25.07.2025, the contemnor once again defaulted in making the payment and hence, I had recorded that he had willfully disobeyed the order passed in the Writ Petition and accordingly, directed him to be physically present before this Court on 29.08.2025 and give his reasons as to why he should not be punished for willfull disobedience of the order of this Court;
(xiii) Pursuant to the earlier order, on 29.08.2025, the contemnor was physically present and pleaded for one more opportunity and hence, the matter was adjourned;
(xiv) In the next hearing on 31.10.2025, when the order passed in
the Writ Petition was not complied, I had expressed my dissatisfaction and also recorded that the contemnor was guilty of the contempt and had directed him to appear before me today, with his response as to why he should not be punished for willfull disobedience of the order of this Court passed in W.P.No.22200 of 2017 dated 03.02.2022.
3. Today, neither the contemnor is present before this Court, nor the order passed in the Writ Petition has been complied with. This apart, the contemnor has also not chosen to file his response to the opportunity granted to him in the last hearing for giving his explanation as to why he should not be punished. The conduct of the contemnor throughout the contempt proceedings, which have been detailed above, clearly establishes the scant regard he has displayed to the orders passed by a Constitutional Court.
4. In spite of two statutory notices, one Bailable Warrant and recording of his willfull disobedience on two occasions, the contemnor has not chosen to comply with the order passed in the Writ Petition. In the absence of any response to justify as to why he should not be punished, I have no hesitation to hold that the contemnor is guilty of civil contempt.
5. Accordingly, the contemnor, B.Kalaiyarasan, Special Officer of
Koovathur Primary Agricultural Cooperative Credit Society, Ariyalur District, is sentenced to undergo one (1) month simple imprisonment in the civil prison, forthwith.
6. The Registry shall communicate a copy of this order to the
Superintendent of Police, Ariyalur District, for implementation.
M.S. RAMESH,J.
Anu
7. Post the matter on 12.12.2025 under the caption “for recording compliance”.
21.11.2025
Index:Yes/No
Speaking/Non-speaking order
Neutral Citation:Yes/No
Anu
To
1.R.Kalaiselvan,
The President,
TY.Spl.69, Koovathur Primary Agricultural
Cooperative Credit Society,
Koovathur Post,
Udayarpalayam Taluk, Ariyalur District
2.The Superintendent of Police, Ariyalur District
3.B.Kalaiyarasan,
Special Officer of Koovathur Primary
Agricultural Cooperative Credit Society, Koovathur Post, Udayarpalayam Taluk, Ariyalur District.
Cont.P.No.1604 of 2025 and Sub.Appl(OS).No.1046 of 2025