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CASE NO.: Contempt Petition (civil)  208 of 2006

PETITIONER: K. MADALAIMUTHU & ANR

RESPONDENT: STATE OF TAMILNADU & ORS

DATE OF JUDGMENT: 27/02/2007

BENCH: Dr.AR.LAKSHMANAN & ALTAMAS KABIR

JUDGMENT: J U D G M E N T CONTEMPT PETITION (C) NO.208 OF 2006  IN  CIVIL APPEAL NO.2791-2793 OF 2002

Dr.AR.LAKSHMANAN, J.         We have heard Mr.K.Ramamoorthy, learned senior advocate for  the petitioners and Mr.Soli J.Sorabjee and Mr.Altaf Ahmad, learned  senior advocates for the respondents.         The above Contempt Petition was filed by Mr.K.Madalaimuthu  and Mr.A.Arumuga Nainar against Mr.M.Devaraj, IAS and  Mr.M.Muthusamy, IAS to initiate contempt proceedings against them for  having deliberately, wilfully disobeyed and disrespected the Judgment  and Order dt.04.07.2006 passed by this Court in CA No.2791-2793/2002  and punish the respondent-contemnors for the said violation,  disobedience and disrespect to the said Order of this Court.  A further  prayer was also made to set aside the Orders passed by the  contemnors dated 25.07.2006 by which the junior of the petitioners had  been promoted to the cadre of Additional Inspector  General of  Registration and order dated 10.08.2006 of the first contemnor by which  the said junior had been posted as Additional Registrar of Chits in the  cadre of Additional Inspector of Registration in the existing vacancies.           The third prayer is to direct the contemnors to re-determine the  seniority in terms of the Judgment 04.07.2006 passed by this Court in  C.A.No.2791-2793/2002 and to promote the petitioners to the cadre of  Additional Inspector General of Registration in the Tamil Nadu  Registration Service.         On service of notice, both the respondents have appeared  before us on the last occasion.           The respondents have filed reply affidavit through Mr.M.Devaraj,  I.A.S. explaining the delay in complying with the order of this Court.  In  para 3, Mr.Devaraj has tendered his unconditional apology for his  action.  In the concluding portion of the affidavit, he has stated that   there was no intention to disobey the orders of this Court and that the  implementation of the Orders was delayed only due to administrative  and procedural delay.  It is further stated that the respondents have  been implementing  Orders issued by this Court in various matters with  very high regards and in letter and spirit.           In para 6 of the said affidavit, he expressed his sincere sorry for  the delay in complying with the Orders of this Court and the same has  been caused due to the reasons mentioned in para supra of the said  affidavit.  It is also stated that it was never his intention to disobey the  Orders of this Court and that he has great respect for this Court and its  Orders.           In the concluding portion, he once again tendered his  unqualified and unconditional apology and pray that the action of the  respondents may not be considered as violating any of the Orders of  this Court and purge this Contempt proceedings.           We have also perused the orders passed by the Department -

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G.O.(Ms.) No.151 dt.24.11.2006 (Annexure R-1) issued by the  Commercial Taxes and Registration Department and also the  proceedings of the Inspector General of Registration (Annexure R-2)  dt.24.11.2006.  An additional affidavit was also filed on behalf of the  respondents through Mr.M.Devaraj, I.A.S.  The rejoinder was filed by  the petitioners.  Another reply affidavit was filed on behalf of the  respondents to the rejoinder filed by the petitioners.  The reasons for  the delay have also been explained in the said affidavit.           Our attention was also drawn to the order passed by the  Government of Tamil Nadu, Commercial Taxes and Registration  Department- G.O.(Ms.) No.30 dt.19.01.2007 regarding refixing the  seniority of Tvl.K.Madalaimuthu and A.Arumuga Nainar in the relevant  panels in respect of higher post and G.O.(Ms.)No.31 dt.19.01.2007- promoting Thiru K.Madalaimuthu as Additional Inspector General of  Registration (Intelligence) in the office of the Inspector General of  Registration.         Our attention was also drawn to G.O.(Ms.)53,  Commercial Taxes  and Registration Department,  dt.17.02.2007 and in particular para 4 at  page 171 which reads thus :-         "4. In exercise of the powers conferred under General Rule  48 of the Tamil Nadu State and Subordinate Services  comprised in Part-II, Volume-1 of the Tamil Nadu Services  Manual, 1987, the Governor of Tamil Nadu hereby relaxes the  Special Rule for the Tamil Nadu Registration Service  necessitating two years service in the post of Deputy  Inspector General of Registration for promotion to the post of  Additional IGR in favour of Thiru A.Arumuga Nainar, so as to  be promoted as Additional Inspector General of Registration.   Consequently the pay of Thiru A. Arumuga Nainar be fixed  under ruling 17 under Fundamental Rule-27."         Consequently, the second petitioner Thiru A.Arumuga Nainar  was promoted and posted as Additional Inspector General of  Registration in the office of the Inspector General of Registration,  Chennai.  It is thus seen that the Orders passed by this Court have now  been fully complied with though belatedly.  On the last occasion,  learned counsel for the petitioners brought to our notice that no car  and the office room has been provided to the petitioners for their  official use.  Today, when the matter is taken up for hearing,  proceedings issued by the Inspector General of Registration, Chennai- 28 No.4428/F2/2007 dt.23.02.2007 was placed before us.  The said  proceedings reads as follows :-         "1) For official use a Bolero Car bearing No.TN 22G 0356  along with a Driver named Thiru Jayaraman is allotted to  Additional Inspector General of Registration (Intelligence).   The Office Room situated in the southern end in 3rd floor is  allotted for his official use.         2)  For official use a Bolero Car bearing No.TN 07AG 1234  along with a Driver named Thiru Chinnasamy is allotted to  Additional Inspector General of Registration (Stamps and  Registration).  The Office Room situated in the northern end  in 3rd floor is allotted for his official use."  

       The learned senior counsel Mr.Soli J.Sorabjee and Mr. Altaf  Ahmad appearing on behalf of the respondents have also informed this  Court that the salary and other consequential benefits consequent  upon the promotion shall be given to the petitioners in accordance with  rules.  The statement made by the learned senior counsel is placed on  record.           We have perused the apology tendered by the respondents in  their affidavit. The apology appears to be genuine. Since the  respondents have purged the contempt and taking a lenient view of the  matter and considering their age and future prospects, we dispose of  the Contempt Petition by accepting their unconditional apology made in  Court and in the affidavits.  The Contempt Petition is disposed of  accordingly. The contempt notice is discharged.