Dismissed¶26

Uppala Thozhilalar Sangam v. C.Raghu and 2 others

Contempt of Courts – Limitation

Madras HC7 Feb 2025CONT P/3822/2024

Download

Case brief

AI extract

What is this about?

Madras High Court (N.Anand Venkatesh, J.), Contempt Petition No.3822 of 2024, decided 07.02.2025: contempt petition by Uppala Thozhilalar Sangham against the Deputy Salt Commissioner, the Managing Director of TIDCO and the Ennore Port Trust (renamed M/s.Kamarajar Port Ltd.) for alleged non-compliance with the order dated 26.02.2004 in W.P.No.8006 of 2000 (and directions dated 23.11.2015 in W.P.No.14169 of 2009) dismissed as barred by limitation under Section 20 of the Contempt of Courts Act, relying on Maheshwari Peri (2016) 4 MLJ Criminal 262 and P.Muruganandam 2018(1) CTC 194.

What did the court decide?

A contempt petition must be filed within one year from the date of contempt and, thereafter, it should not be entertained. ¶21

Uppala Thozhilalar Sangam Vs C.Raghu and 2 others — Contempt of Court | Madras HC (2025)

¶1

Contempt Petition No.3822 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 07.02.2025

¶4

CORAM

¶5

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

¶6

Contempt Petition No.3822 of 2024

¶7

Uppala Thozhilalar Sangham Rep.by its General Secretary M.Ramadoss

¶8

... Petitioner

¶9

-Vs-

¶10

1.Mr.C.Raghu Deputy Salt Commissioner O/o Deputy Salt Commissioner Government of India 706, Shastri Bhavan Chennai 600 034.

¶11

2.Mr.Sandeep Nanduri, IAS Managing Director Tamil Nadu Industrial Development Corporation Ltd., 19, Marshalls Road Chennai 600 008.

¶12

3.The Ennore Port Trust Rep.by its Managing Director Mrs.J.P.Irene Cynthia, IAS Madras Port Trust, Rajaji Salai Chennai 600 001 (Name changed as M/s.Kamarajar Port Ltd.) ... Respondents

¶13

Prayer : Contempt Petition under Section 11 of the Contempt of Courts Act, praying to punish the respondents for willful disobedience of the order dated 26.02.2004 passed in W.P.No.8006 of 2000.

¶14

For Petitioner : Mr.G.Muthu

¶15

https://www.mhc.tn.gov.in/judis

¶16

Page 1 of 4

¶17

O R D E R

¶18

Contempt Petition No.3822 of 2024

¶19

This Contempt Petition has been filed on the ground that the order passed by this Court in W.P.No.8006 of 2000 dated 26.02.2004 has not been complied with.

¶20

It is seen from records that even subsequent to the above order, yet another writ petition was filed before this Court in W.P.No.14169 of 2009 and that writ petition was disposed of by issuing certain directions on 23.11.2015.

¶21

The present contempt petition has been moved in the year 2024, which is 25 years after the earlier order was passed and nearly 10 years after the subsequent order was passed. Section 20 of the Contempt of Courts Act provides for a limitation period of one year. This Court has held that the Contempt Petition must be filed within one year from the date of contempt and thereafter, it should not be entertained. Even insofar as suo-motu contempt is concerned, the Apex Court has held that the High Court must initiate such contempt within one year. Useful reference can be made to the judgment of the Apex Court in Maheshwari Peri and Others -vs- High Court of Judicature at Allahabad and Another (2016) 4 MLJ Criminal 262 . Reference can also be made to the subsequent judgment in P.Muruganandam -vs- J.Thirugnanam reported in 2018(1) CTC 194.

¶22

https://www.mhc.tn.gov.in/judis

¶23

Page 2 of 4

¶24

Contempt Petition No.3822 of 2024

¶25