Easaiya, v. Dr.T.G.Vinay
Case brief
What is this about?
In a contempt petition alleging willful disobedience of a writ order, the Court held that since the writ court only directed authorities to follow due process without positive directions and certain alleged encroachers were not noticed, contempt proceedings could not be initiated at this stage. The District Collector was directed to comply within twelve weeks.
What did the court decide?
The District Collector is directed to comply with the directions issued by this Court within twelve weeks from the date of receipt of this order.
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.
Cont.P(MD)No.1662 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :19.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI
Cont.P(MD)No.1662 of 2019 in WP(MD).No.9692 of 2019
Easaiya ... Petitioner/Petitioner
Vs.
Dr.T.G.Vinay, The District Collector, Collectorate Building, Dindigul District. ... Contemnor/1st respondent
PRAYER : Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent for his deliberate and willful disobedience of the order of this Court made in W.P(MD)No.9692 of 2019 dated 24.04.2019.
Prayer in WP(MD). 9692/ 2019 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the 1st respondent to consider the representation dated 25/03/2019 to remove of unauthorized construction which is Established by the 3rd and 4th respondent at survey No.391 in K.C.Patti village Kuppammal Po, Kodaikanal taluk Dindigul District .
Issues for consideration
2 issues framed by the court
Whether contempt proceedings can be initiated when the writ court only directed authorities to follow due process without issuing positive directions.
Whether respondents who were alleged encroachers were properly impleaded and noticed in the underlying writ petition.
Parties & counsel
- petitioner
Easaiya
- respondent
Dr. T.G. Vinay
Coram
T.S. SIVAGNANAM
Case details
As recorded by the court registry
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