A contempt petition alleging willful violation of an order directing an inspection of land was filed. The court found the petitioner did not willfully disobey the order as the inspection was conducted and reported, though the land classification was disputed. The petition was dropped.
The Contempt Petition No.2012 of 2019 is dropped. No order as to costs.
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.No.2012 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.07.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Contempt Petition No.2012 of 2019
Vijayakumar G. Dhas, New No.10. Old No.5, 8th Street, Nandanam Extension, Chennai 600 035 .. Petitioner Vs
Dito, Commissioner Poonamallee Municipality Poonamallee Chennai - 600 056.
.. Respondent
Prayer: Petition filed under Section 11 of the Contempt to punish the respondent for willfully committing contempt of court by violating the order dated 26.4.2018 passed in W.P.No.10360 of 2018.
For Petitioner : Mr.P.Sesubalan Raja For Respondents : Mr.P.Srinivas
ORDER
(Order of the Court was made by Senthilkumar Ramamoorthy, J.)
The petitioner alleges willful disobedience of an order dated
26.04.2018 passed in W.P.No.10360 of 2018. By the said order, without
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Cont.P.No.2012 of 2019
going into the merits of the matter, this court directed the Commissioner, Poonamallee Municipality to inspect the land in T.S.No.595/A, Poonamallee
Town and depending upon the result of such inspection, take appropriate action in accordance with law.
that falls for consideration is whether there was disobedience of the relevant
https://hcservices.ecourts.gov.in/hcservices/ order and whether such disobedience was willful.
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Cont.P.No.2012 of 2019
and the alleged contemnor, we are satisfied that the order dated 26.04.2018
passed in W.P.No.10360 of 2018 was not willfully disobeyed. Accordingly,
Contempt Petition No.2012 of 2019 is dropped. It will be open to the petitioner to institute appropriate proceedings with regard to the grievances
referred to above. There will be no order as to costs.
SD/-
bbr
ASSISTANT REGISTRAR(COMM.CASES) //Certified to be true copy//
Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.
GS/11/08/2021
To
The Commissioner Poonamallee Municipality Poonamallee
Chennai - 600 056.
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2 issues framed by the court
Whether the order dated 26.04.2018 was willfully disobeyed by the respondent.
Whether the Inspector-General's report conclusively determines the nature of the land for contempt proceedings.
Vijayakumar G. Dhas
Commissioner Poonamallee Municipality
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
