The court closed a contempt petition filed under Section 11 of the Contempt of Courts Act, holding that the prior order in favor of the petitioner did not give rise to contempt. The court directed the petitioner to file a fresh writ petition instead.
The contempt petition is closed accordingly as it cannot give rise to any contempt proceedings.
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.155 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Cont.P(MD)No.155 of 2024 in W.P(MD)No.8449 of 2023
J.Jose ... Petitioner / Petitioner
Vs.
R.Praveen Kumar, Assistant Executive Engineer, Highways Department, Construction and Maintenance, Kuzhithurai, Kanyakumari District. ... Contemnor / 3rd Respondent
PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent herein for his willful disobedience of the order passed by this Court in W.P(MD)No. 8449 of 2023, dated 13.04.2023.
For Petitioner : Mr.M.Saravanan For Respondent : Mr.D.Gandhiraj Special Government Pleader
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Cont.P(MD)No.155 of 2024
ORDER
The order passed in favour of the petitioner on 13.04.2023 cannot really give rise to any contempt proceedings. It is always open to the
petitioner to file a fresh writ petition in the same cause of action.
20.02.2024 Index : Yes / No Internet : Yes/ No NCC : Yes / No MGA
To
The Assistant Executive Engineer, Highways Department, Construction and Maintenance, Kuzhithurai, Kanyakumari District.
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Cont.P(MD)No.155 of 2024
G.R.SWAMINATHAN, J.
MGA
Cont.P(MD)No.155 of 2024 in W.P(MD)No.8449 of 2023
20.02.2024
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1 issue framed by the court
Whether a contempt petition can be maintained where an earlier order in favor of the petitioner cannot generate contempt proceedings and a fresh writ petition is the appropriate remedy.
J. Joseph
R. Praveen Kumar
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
