P.Abdul Hakim v. Hariharan, IAS
Case brief
What is this about?
A contempt petition challenging the demolition of a petitioner's structure despite a permanent injunction. The Court closed the petition, ruling that whether the warrant served before the act constitutes willful disobedience involves disputed facts to be adjudicated elsewhere.
What did the court decide?
Petition closed; adjudication on disputed facts left open to competent forum.
What the court decided
A compact analysis
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 27.03.2019
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
Cont.P.No.1478/2017
P.Abdul Hakim,
S/o.Pichai Mohammed,
36/C/9, Kamarajar Nagar,
Sommanur, Sulur Taluk,
Coimbatore District.
.. Petitioner
Versus
1.Mr.Hariharan, IAS
The District Collector
Coimbatore District,
Coimbatore.
2.Mr.Palani
The Tahsildar
Sulur Taluk, Coimbatore District. .. Respondents
Prayer:- Contempt petition filed under section 11 of the
Contempt of Courts Act, to initiate contempt proceedings
against the respondents herein for their willful
disobedience of the direction issued by this Court in
WP.No.14958/2017 dated 14.06.2017 and punish them
accordingly.
For Petitioner : Mr.S.Rajanikanth For RR1&2 : Mrs.P.Rajalakshmi, AGP
2
Issues for consideration
2 issues framed by the court
Whether the petitioner established a clear case of willful disobedience to warrant contempt proceedings against the respondents.
Whether the delay in receiving the writ order before demolition constitutes a valid defence vis-a-vis the statutory eviction duties.
Parties & counsel
- petitioner
Pichai Mohammed
- respondent
Hariharan, IAS
Coram
M. SATHYANARAYANAN
Case details
As recorded by the court registry
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