Dr.M.Sundaram Vs The District Collector — Contempt of Court | Madras HC (2026)

Dr.M.Sundaram Vs The District Collector — Contempt of Court | Madras HC (2026)

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition recorded via counsel's endorsement; writ petition dismissed as withdrawn, no costs; connected miscellaneous petition closed; no contempt proceedings initiated against the first respondent, who was instead cautioned.

Issue for consideration

Whether the writ petition filed under Article 226 seeking issuance of a writ of Mandamus or Cetiorari to call for and quash the records in reference number 2822/E1/2021 dated 9/7/2021 of the Joint Director of Health Services, Perambalur should be pursued or withdrawn. +1 more

Court's answer

Recording the endorsement made by learned counsel for the petitioner, the writ petition is dismissed as withdrawn, with no costs, and the connected miscellaneous petition is closed.

Ratio / Principle

The Court deprecated the action of the first respondent District Collector, Perambalur in failing to conduct the enquiry ordered on 25.04.2022 and file the Report, holding that such action amounts to contempt of the order of this Court and renders the authority liable to be proceeded against under the Contempt of Courts Act, 1971.

Key takeaways

Taking note of the fact that the petitioner intends to withdraw the writ petition, the Court restrained itself from passing any order initiating contempt against the first respondent for not complying with its order, and warned the 1st respondent to be cautious in future.ratio¶34

Detailed headnote1 paragraphs

Madras High Court (single bench, T. Vinod Kumar, J.), order dated 29-01-2026 in WP No. 14941 of 2021 (connected W.M.P.No.15819 of 2021). Dr. M. Sundaram, represented by D.E. Anisree Sangavi, had filed the writ petition under Article 226 of the Constitution of India seeking a writ of Mandamus or Cetiorari to quash records in reference number 2822/E1/2021 dated 9/7/2021 on the file of the Joint Director of Health Services, Perambalur (3rd respondent); private respondents Dr. T. Bharathipriya and Dr. S. Kowsik Rajasekar, Assistant Surgeons, were impleaded on 11.08.2021. By interim order dated 25.04.2022 the Court had directed the District Collector, Perambalur to conduct a detailed enquiry into the complaint and counter complaints and file a Report by 08.06.2022; despite communication of the order, no enquiry was conducted nor Report filed. The Court deprecated this as amounting to contempt of its order, rendering the Collector liable to proceedings under the Contempt of Courts Act, 1971; however, upon the petitioner's withdrawal endorsement, the Court refrained from initiating contempt and warned the Collector to be cautious in future. Recording the endorsement, the writ petition was dismissed as withdrawn, no costs, and the connected miscellaneous petition closed.

WP No. 14941 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-01-2026

CORAM

THE HON'BLE MR.JUSTICE T. VINOD KUMAR

WP No. 14941 of 2021

and W.M.P.No.15819 of 2021

Dr.M.Sundaram

..Petitioner(s)

Vs

The District Collector Perambalur District

The Director of Medical Services Directorate of Medical and Rural Health Services,

DMS Complex,

Teynampet, Chennai

The Joint Director of Health Services Government District Head Quarters Hospital, Perambalur

Dr.T.Bharathipriya MBBS, DCH, Assistant Surgeon, Government Hospital At Krishnapuram, Perambalur District.

Permanent Address, No.2/9, Nadu Street,

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WP No. 14941 of 2021

Naavakurichi Post, Aathur Taluk,

Salem District.

Dr.S.Kowsik Rajasekar Mbbs, D.Dia, Assistant Surgeon, Government Hospital at Krishnapuramn, Perambalur District. Permanent Address, Door No.255, DA / 37, IJKSN Illam, Ganapathy Nagar, North Madhavi Road, Perambalur 621212.

(R4,R5 IMPLEADED VIDE ORDER DT 11.08.2021 MADE IN WMP.16806/2021 IN WP.14941/2021)

..Respondent(s)

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ in the mature of Mandamus or Cetiorari to call for the records in reference number 2822/E1/2021 dated 9/7/2021 on the file of the 3rd respondent herein the Joint Director of Health Services Perambalur and quash the same.

For Petitioner(s): D.E. ANISREE SANGAVI FOR M/s.USHA RAMMAN For Respondent(s): Mrs.V. YAMUNADEVI SGP FOR R-1 Mr.K.TIPPUSULTHAN GA FOR 2,3 Mr.T.P.PRABAKARAN FOR R 4,5

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WP No. 14941 of 2021

ORDER

This Court vide order dated 25.04.2022 had directed the first respondent/ District Collector, Perambalur to conduct a detailed enquiry based on the complaint and the counter complaints preferred by the petitioner and the private respondents and file a Report into this Court on or before 08.06.2022.

Despite the order of this Court is communicated to the District Collector, no enquiry has been conducted nor any Report is filed into this Court by the concerned District Collector. Thus, the concerned District Collector acted in utter disregard of the orders of this Court. Therefore, this Court is of the view that the aforesaid action of the concerned authority i.e., the first respondent District Collector, Perambalur at the relevant point of time not only needs to be deprecated, but such action of the first respondent amounts to contempt of the order of this Court and the authority is liable to be proceed under the Contempt of Courts Act, 1971.

However, taking note of the fact that the petitioner now intends to withdraw the writ petition, this Court is restraining from passing any order initiating contempt against the first respondent for not complying with the order of this Court. However, the 1^st respondent is warned to be cautious in future.

Learned counsel for the petitioner submits that the petitioner does not

intend to pursue the present writ petition and seeks permission of this Court to

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WP No. 14941 of 2021

withdraw the writ petition. He also made an endorsement to that effect on the case bundle.

Recording the endorsement made by the learned counsel for the

petitioner, this writ petition is dismissed as withdrawn. No costs. Consequently connected miscellaneous petition is closed.

29-01-2026

Index: Yes/No

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

MSV

To

The District Collector Perambalur District

The Director of Medical Services

Directorate of Medical and Rural Health Services, DMS Complex,

Teynampet, Chennai

The Joint Director of Health Services

Government District Head Quarters Hospital, Perambalur

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WP No. 14941 of 2021

T.VINOD KUMAR, J.

MSV

WP No. 14941 of 2021

and W.M.P.No.15819 of 2021

29-01-2026

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