A contempt petition alleging willful disobedience of a previous order was dismissed after the petitioner failed to disclose an earlier writ petition filed for the same cause of action. The court held that this non-disclosure constituted willful disobedience.
Petition dismissed due to willful disobedience of not disclosing the earlier writ petition and order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 22.01.2016
CORAM
THE HONOURABLE Mr. JUSTICE T.S.SIVAGNANAM
Contp. No. 23 of 2016
against
W.P.No.1731 of 2015
R.Kandasamy,
S/o.Ramasamy,
No.22/25, Canal Street,
Triplicane,
Chennai-5. .. Petitioner
Vs
Mr.R.Palanisamy, I.A.S.
The Managing Director
Tamil Nadu Slum Clearance Board,
Kamarajar Salai,
Chennai – 600 005. .. Respondent
PRAYER : Petition filed under section 11 of the Contempt
of Courts Act, to punish the respondent for willful
disobedience of the order dated 10.02.2015 in W.P.No.1731
of 2015 under the Contempt of Courts Act.
For Petitioner : Mr.V.Balakrishnan For Respondent : Mr.P.H.Aravind Pandian Additional Advocate General
O R D E R
This Contempt Petition has been filed alleging willful disobedience of the order and direction issued by this Court dated 10.02.2015 in W.P.No.1731 of 2015.
2. Heard Mr.Balakrishnan, learned counsel
appearing for the petitioner and Mr.P.H.Aravind Pandian,
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learned Additional Advocate General, assisted by the learned counsel Mr.R.V.Babu, appearing for the respondent.
3. It is brought to the notice of this Court by the learned Additional Advocate General that the petitioner had not disclosed the fact that he had filed an earlier Writ Petition in W.P.No.26572 of 2012 for the same cause of action and did not bring to the notice of this Court, the earlier order dated 18.02.2014, passed in the said Writ Petition in W.P.No.26572 of 2012. 4. In the light of the above submission, this Contempt Petition is dismissed. ds SD/DEPUTY REGISTRAR(CLAA) //Certified to be true copy//
Dated at Madras this the day of 2016.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
SS/CO/15/02/2016 One CC to Mr.V.Balakrishnan,Advocate, Sr.No.970
To
The Managing Director, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai – 5.
1 issue framed by the court
Whether the petitioner should be punished for filing a subsequent petition for the same cause of action without disclosing the earlier petition and the order passed therein.
R. Kandasamy
Mr. R. Palanisamy, I.A.S.
T.S. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
