C. Ponnusamy v. Muthu Krishnan
Case brief
What is this about?
Committee to dispose of a contempt petition regarding alleged non-compliance with an earlier order. The Court leaves contentions open, noting the underlying matter requires a separate Civil Court proceeding and that the Merit of the issue was not decided in the earlier writ. The contempt petition is closed without adjudication.
What did the court decide?
Contempt petition closed with all petitioner's contentions left open; no punishment imposed.
What the court decided
CONT.P.(MD)No.1167 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.08.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Cont.P.(MD)No.1167 of 2023 in W.P.(MD)No.22218 of 2021
C.Ponnusamy ... Petitioner
Vs.
1.Muthu Krishnan, The Firka Surveyor, Usilampatti Taluk, Madurai District.
2.A.Suresh Federik Clement, Tahsildar, Usilampatti. ... Respondents (R2 is suo motu impleaded vide order dated 26.07.2023 in Cont.P.(MD)No.1167 of 2023 by GRSJ)
Prayer: Contempt petition is filed under Section 11 of the Contempt of Courts Act, to punish the respondent herein for the acts of contempt of court for the disobedience of the order passed in WP(MD).No.22218 of 2021 dated 16-08-2022 on the file of this Court.
Issues for consideration
3 issues framed by the court
Whether the petitioner's request to punish the respondent for alleged non-compliance of an earlier court order is tenable.
Whether the petitioner's complaint regarding the disposal of the underlying writ petition can be resolved in the contempt proceeding.
Whether the issue requiring adjudication (property survey) is validly raised in this contempt petition.
Parties & counsel
- petitioner
C. Ponnusamy
- respondent
1. Muthu Krishnan
- respondent
2. A. Suresh Federik Clement
Coram
Case details
As recorded by the court registry
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