The Executive Officer v. G.R.Subramanian
Case brief
What is this about?
The Court rejected a Contempt Petition filed by the Executive Officer against a petitioner who completed construction despite an interim stay order. The Court held the contempt allegation against the petitioner was untenable as the interim order was directed only against the Panchayat.
What did the court decide?
The Contempt Petition stands closed, leaving open the rights of the Panchayat to seek vacatur of the interim order.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2020 CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont. P(MD)No.1121 of 2020 in W.P(MD)No.10302 of 2020
The Executive Officer, Kayathar Town Panchayat, Tuticorin District.
Vs.
G.R.Subramanian ... Respondent
Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the contemptor for committing grave contempt and gross disobedience of the order dated 28.08.2020 passed by this Court in W.M.P.(MD)No.9171 of 2020 in W.P.(MD)No.10302 of 2020.
Prayer in WMP(MD). 9171/ 2020 :
To grant an Ad Interim Stay of operation of the impugned order passed by the respondent in his proceedings Na.Ka.No. 167/2020 dt. 20.07.2020 pending disposal of the above WP and thus render justice.
Prayer in WP(MD). 10302/ 2020 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records relating to the impugned order passed by the respondent in his proceedings Na.Ka.No. 167/2020 dt. 20.07.2020 and quasht the same as illegal.
Issues for consideration
3 issues framed by the court
Whether a Contempt Petition is an appropriate remedy when the grievance relates to the scope of an interim order granted to the petitioner.
Whether the petitioner can be held in contempt for conducting construction activities after obtaining an interim stay order in a connected writ petition where the interim order was not directed agains
Whether the private lawyer can move the Writ Court to vacate an interim order instead of filing a contempt petition.
Parties & counsel
- petitioner
The Executive Officer, Kayathar Town Panchayat, Tuticorin District
- respondent
G.R.Subramanian
Coram
G.R.Swaminathan
Case details
As recorded by the court registry
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