Madras High Court Criticizes Authorities for Ignoring Court Orders Citing Law and Order Concerns

Judge Swaminathan Calls for Accountability in Enforcing Injunctions Against Illegal Constructions

In a significant judgment delivered by the Madras High Court, Justice G.R. Swaminathan expressed strong disapproval of the authorities' failure to comply with court orders due to purported law and order issues. The judgment, issued on December 17, 2025, addresses a contempt of court case involving non-compliance with an injunction order related to illegal church construction in Dindigul District.

The case originated from a writ petition filed by an individual named Wilson, who alleged that his brother was constructing a church on undivided family property without the requisite approval from the District Collector. Despite the court granting an injunction to halt the construction, local revenue authorities cited resistance and law and order issues as reasons for their inaction.

Justice Swaminathan emphasized that citing law and order concerns cannot serve as a justification for flouting judicial orders, underscoring the importance of adherence to court directives unless they are stayed or overturned by a higher court. The judge remarked on the apparent reluctance of authorities to enforce the court's order and noted that law and order appears to be a "convenient fig leaf" to avoid taking necessary action.

The judgment highlighted the repeated instances where authorities have failed to act against illegal constructions despite clear court orders, raising questions about the enforcement of judicial mandates. Justice Swaminathan called for accountability from the Chief Secretary of Tamil Nadu, urging a responsible stance in addressing the issue.

The case has been adjourned to January 9, 2026, with expectations that the Chief Secretary will provide clarification on whether the prohibitory orders were passed independently by the District Collectors or under instructions. The judgment underscores the critical role of judicial compliance in maintaining the constitutional machinery and warns against the dangers of ignoring court orders.

Bottom Line:

Contempt of Court - Law and order issues cannot be a justification for non-compliance with court orders - Adherence to judicial orders is mandatory unless stayed or set aside by a higher forum.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 163

Rama.Ravikumar v. K.J.Praveenkumar IAS, (Madras)(Madurai Bench) : Law Finder Doc Id # 2823016