Madras High Court Slams Tamil Nadu Officials Over 'Law & Order' Excuse, Warns Of Constitutional Breakdown

Chennai: The Madurai Bench of the Madras High Court on Wednesday came down heavily on senior Tamil Nadu government officials for repeatedly citing “law and order” concerns to justify non-compliance with court directions, warning that such an approach strikes at the very foundation of constitutional governance.

Hearing a batch of contempt petitions on the Thirupparankundram Karthigai Deepam row and another case, Justice G.R. Swaminathan expressed strong displeasure over the State’s conduct, observing that defiance of judicial orders on the pretext of law and order was “unacceptable” and would lead to a “breakdown of the constitutional machinery”.

“I am tired. In how many cases am I to haul up officers concerned for contempt?” the judge remarked, noting that even the Chief Secretary, who appeared before the court through video conferencing, read out a prepared statement asserting that court orders must be balanced against law and order considerations.

Justice Swaminathan made it clear that once a court issues an order, it must be obeyed unless it is stayed or set aside by a higher forum. “Law and order cannot be a ground for flouting a court’s order. That would be inexcusable,” the judge said, adding that such reasoning would paralyse governance and erode the rule of law.

The observations were made while dealing with contempt proceedings arising out of the alleged failure of authorities in Madurai and Dindigul districts to enforce court directions, including those relating to prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

The court referred to the case from Dindigul district where revenue authorities failed to act against an illegal church construction despite an injunction granted by the High Court in October 2025. Officials later informed the court that implementation of the order was facing resistance on the ground, citing law and order issues.

“Admittedly, the construction is illegal. The authorities should have acted on their own. They did not,” Justice Swaminathan noted, pointing out that the structure continued to be used for congregation worship despite the injunction. “Law and order appears to be a convenient fig leaf,” the judge observed.

The court adjourned the matter to January 9, 2026, at 4 pm, directing that the alleged contemnors remain present and stating that their personal appearance had not been dispensed with. Justice Swaminathan said he expected the Chief Secretary of Tamil Nadu to take a “responsible stand” while responding to the court’s queries.