Petitioner filed a contempt petition alleging non-compliance with previous orders. The Court observed that the remedy lies only in execution proceedings, making contempt liability untenable. The petition was dismissed accordingly.
The Contempt Petition is dismissed.
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Cont.P.No.2272 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.07.2021
C O R A M
THE HONOURABLE Ms.JUSTICE P.T.ASHA
Cont.P.No.2272 of 2017
Velusamidurai, Keelamathur Village & Post, Thiruvidaimaruthur Taluk, Thanjavur District .. Petitioner
-Vs.-
Petition under Section 11 the Contempt of Court Act praying to issue a notice of contempt to the respondents for not obeying the orders of this Court passed in S.A.No.932 of 2013 dated 28.03.2016 and punish the respondents in accordance with law.
For petitioner ... Mr.M.V.Venkataseshan for Mr.V.Illanchezian For Respondents ... Mr.R.Shunmugasundaram, AG assisted by Mr.A.E.Ravichandran Government Advocate (CS)
Cont.P.No.2272 of 2017
ORDER
The Contempt Petition has been filed on the ground that the
respondents have failed to comply with the orders of this Court passed in S.A.No.932 of 2013 dated 28.03.2016. It is not known as to how a
Contempt will lie, when the remedy available to the petitioner is only by way of execution proceedings.
SD/-
ASSISTANT REGISTRAR(COMM.CASES)
srn
//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
2 issues framed by the court
Whether a contempt petition can maintain when the petitioner has an available remedy through execution proceedings instead.
Whether the respondents have failed to comply with the orders of this Court passed in S.A.No.932 of 2013.
Velusamidurai
Ms. K.Lakshmipriya
M.Mohanarajan
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
