Mrs. Sashi Sundaram v. Mrs. Innocent Divya, IAS
Case brief
What is this about?
Five contempt petitions challenging non-compliance with an order in S.T.A. Nos. 1 to 5 of 2011. The Court closed the petitions as the Supreme Court had seized the matter and had stayed contempt proceedings, granting liberty to petitioners to approach the Apex Court.
What did the court decide?
Contempt petitions closed; liberty granted to raise issues before the Supreme Court.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 15.02.2019
CORAM
THE HONOURABLE MR. JUSTICE M.M. SUNDRESH
AND
THE HONOURABLE MR. JUSTICE RMT. TEEKAA RAMAN
Contempt Petition. Nos. 1063 to 1067 of 2018
Sashi Sundaram ...Petitioner in Cont.P.1063/18
Dr.Shivanand ...Petitioner in Cont.P.1064/18
Dr.L.Sundaram ...Petitioner in Cont.P.1065/18
M.P.Philip ...Petitioner in Cont.P.1066/18
Susamma Zachariah ...Petitioner in Cont.P.1067/18
Vs.
1.Innocent Divya, IAS
Collector of Nilgris
Udhagamandalam, The Nilgris.
2.R.Pandian
The Settlement Officer,
Gudalur Janmam Lands,
Gudalur 643212, The Nilgris.
...Respondents in all
Contempt Petitions
Prayer: Contempt petitions filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for disobeying the order passed in S.T.A.Nos. 1 to 5 of 2011, dated 03.01.2018.
2
For Petitioner (in all) : Mr.S.Thirumavalavan For Respondents : Mr.P.S.Sivashanmuga Sundaram (in all) Spl. Government Pleader for R1 Mr.S.V.Vijay Prasanth Addl. Government Pleader for R2
COMMON ORDER (Order of the Court was made by M.M.SUNDRESH, J. ) Alleging that the order dated 03.01.2018 made in S.T.A.Nos. 1 to 5 of 2011 has not been complied with, the present contempt petitions have been filed. 2.When the matter is taken up for hearing, learned counsel appearing for the parties submitted that as against the order passed by the Division Bench in S.T.A.Nos.3 of 2006, 2 to 5 of 2009, 1 to 5 of 2001, dated 03-01-2018, a Special Leave Petition has been filed, which is pending consideration. It has been further submitted that contempt proceedings has been stayed by the Apex Court in The State of Tamil Nadu & Ors v. Sasi Sundaram & Ors (passed in SLP (C) No(s). 9844-9853/2018, dated 20-04-2018).
Issues for consideration
2 issues framed by the court
Whether the contempt petitions filed under Section 11 of the Contempt of Courts Act, 1971 for disobeying the order dated 03.01.2018 should be kept pending or closed given the Apex Court has seized the
Whether petitioners are entitled to liberty to raise all issues before the Apex Court instead of proceeding with the contempt proceedings in this court?
Parties & counsel
- petitioner
Sashi Sundaram
- petitioner
Dr. Shivanand
- petitioner
Dr. L. Sundaram
- petitioner
M.P. Philip
- petitioner
Susamma Zachariah
- respondent
Case details
As recorded by the court registry
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