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Dr.G.S.Sameeran, I.a.S., v. P.O.Abraham

Contempt – wilful disobedience

Madras HC20 Feb 2026LPA/53/2025

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Case brief

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What is this about?

Letters Patent Appeal, Madras High Court Division Bench (P.Velmurugan & M.Jothiraman JJ.), decided 20-02-2026; contempt statutory notice set aside where compliance with writ direction predated notice; Managing Director, Tamil Nadu Housing Board; alternate plot allotment representation rejected 02.09.2024; no wilful disobedience; Cont.P.No.827 of 2025; order dated 09.09.2025; Clause 15 Letters Patent; CMP No.23710 of 2025; respondent absent.

What did the court decide?

Order dated 09.09.2025 in Cont.P.No.827 of 2025 issuing statutory notice to the contemnor set aside; letters patent appeal allowed; connected civil miscellaneous petition (CMP No.23710 of 2025) closed. ¶23

Dr.G.S.Sameeran, I.a.S., Vs P.O.Abraham — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the statutory notice issued in the contempt petition by order dated 09.09.2025 was sustainable, given that the competent authority had already passed final orders on 02.09.2024 rejecting the writ petitioner's representation — i.e., whether there was violation or wilful disobedience of the writ Court's order.

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Ratio / Principle

There was no violation or wilful disobedience of the order passed in the writ petition, since on the date the statutory notice was issued in the contempt petition the competent authority had already passed final orders on 02.09.2024, as directed by the writ Court, rejecting the representation of the writ petitioner.

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Key takeaways

Finding no wilful disobedience, the order dated 09.09.2025 passed in the contempt petition issuing statutory notice to the contemnor is set aside, and the letters patent appeal stands allowed; consequently, the connected civil miscellaneous petition is closed.ratio¶23

Detailed headnote1 paragraphs

Contempt — wilful disobedience — compliance prior to issuance of notice. The writ Court, by order dated 28.03.2024, directed the Managing Director, Tamil Nadu Housing Board to pass appropriate orders on the writ petitioner's representation for allotment of an alternate plot within four weeks. The competent authority passed final orders on 02.09.2024 rejecting the representation; thereafter the learned Judge, without considering this compliance, issued statutory notice to the contemnor in Cont.P.No.827 of 2025 by order dated 09.09.2025. Holding that there was no violation or wilful disobedience of the writ order, the Division Bench set aside the order issuing statutory notice, allowed the Letters Patent Appeal under Clause 15 of the Letters Patent, and closed the connected CMP. Respondent served but did not appear.

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LPA No.53 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20-02-2026

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CORAM

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THE HONOURABLE MR JUSTICE P.VELMURUGAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

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LPA No.53 of 2025 AND CMP No.23710 of 2025

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Dr.G.S.Sameeran, I.A.S., The Managing Director Tamil Nadu Housing Board Nandanam, Chennai -600 035

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Appellant

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P.O.Abraham Son of the late P.Oonnurni residing at Thenguvilai House Myladumparam, Ponthaplavu PO Pattazy, Kollam, Kerala

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Respondent

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Memorandum of Grounds of Letters Patent Appeal filed under Clause 15 of the Letters Patent, to set aside the order of issuing statutory notice to the respondent, made in Cont.P.No.827 of 2025 dated 09.09.2025.

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For Appellant: Mr.P.Kumaresan Additional Advocate General assisted by Mr.D.Veerasekaran Standing Counsel

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For Respondent: No appearance

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https://www.mhc.tn.gov.in/judis

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LPA No.53 of 2025

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JUDGMENT (Judgment of the Court was made by P.Velmurugan J.)

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Though the writ Court, while disposing of the writ petition by order dated 28.03.2024, directed the Managing Director of Tamil Nadu Housing Board to pass appropriate orders on the representation made by the writ petitioner for allotment of alternate plot within a period of four weeks, the learned Additional Advocate General appearing on behalf of the appellant today submitted that the order of this Court has been duly complied with in letter and spirit, as the contemnor has passed appropriate orders rejecting the representation far back on 02.09.2024 itself. However, without considering the compliance, the learned Judge has issued the statutory notice in the contempt petition vide order dated 09.09.2025, which requires interference.

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Though the Court notice was served on the respondent, there is no appearance either in person or through counsel.

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This Court finds that there is no violation or wilful disobedience of the order passed in the writ petition, since on the date when the statutory notice was issued in the contempt petition, the competent authority has already passed final orders on 02.09.2024, as directed by the writ Court, rejecting the representation of the writ petitioner. Therefore, finding no wilful disobedience, the order dated

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https://www.mhc.tn.gov.in/judis

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LPA No.53 of 2025

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09.09.2025 passed in the contempt petition issuing statutory notice to the contemnor, is set aside and the letters patent appeal stands allowed.

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Consequently, the connected civil miscellaneous petition is closed.

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(P.VELMURUGAN J.) (M.JOTHIRAMAN J.) 20-02-2026

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No