Disposed¶51

M/s.Spellbound, v. The Tamilnadu Tourism

Madras HC24 Mar 2025WP/13188/2016

Case brief

AI extract

What is this about?

Spellbound / K.N.Reddin v. Tamil Nadu Tourism Development Corporation & State of Tamil Nadu; Island Grounds, Chennai; 42nd India Tourism and Industrial Fair 2016; writ of mandamus under Article 226 to dismantle and remove fair structures; interim status quo order; contempt under Section 11, Contempt of Courts Act 1971 for willful disobedience; disposed of without deciding merits; liberty reserved to pending suits C.S.No.256 & 765 of 2016; contempt petition closed; no costs; connected W.P.No.28455 & 28377 of 2016; Madras High Court; Justice D. Bharatha Chakravarthy; 24.03.2025.

What did the court decide?

No substantive adjudication of merits; liberty of the petitioner and the respondents kept open to agitate the contentious submissions in C.S.No.256 & 765 of 2016; contempt petition closed; no costs awarded. ¶51

M/s.Spellbound, Vs The Tamilnadu Tourism — Contempt of Court | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to a writ of mandamus directing the respondents to permit it to dismantle and remove the goods, machinery, platforms, stages, iron sheds and other materials erected for the 42nd India Tourism and Industrial Fair, 2016 from Island Grounds, Chennai. +1 more

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Court's answer

This Court did not decide any of the contentious submissions made in the writ petition; the liberty of both the petitioner and the respondents was kept open to agitate those submissions in the pending suits (C.S.No.256 & 765 of 2016) in the manner known to law.

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Ratio / Principle

In view of the writ petition being disposed of, there was nothing further to be considered in the contempt petition, and the contempt petition was ordered to be closed, with no costs.

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Detailed headnote1 paragraphs

High Court of Judicature at Madras (D. Bharatha Chakravarthy, J.; common order dated 24.03.2025) disposed of W.P.No.13188 of 2016, filed in 2016 by M/s.Spellbound under Article 226 of the Constitution seeking a mandamus to direct the Tamil Nadu Tourism Development Corporation Limited and the State of Tamil Nadu to permit dismantling and removal of the goods, machinery, platforms, stages and iron sheds erected for the 42nd India Tourism and Industrial Fair, 2016 at Island Grounds, Chennai, along with Cont.P.No.1266 of 2016, which alleged willful disobedience of the interim status quo order granted in the writ petition and sought punishment of respondents 1 to 5 under Section 11 of the Contempt of Courts Act, 1971. Since two suits on the same cause of action (C.S.No.256 & 765 of 2016) were pending on the original side, the Court expressly declined to decide any of the contentious submissions and reserved the liberty of both parties to agitate them in the suits; the contempt petition was consequently closed. No costs. Connected writ petitions W.P.No.28455 of 2016 and W.P.No.28377 of 2016 by different persons were left to be dealt with independently.

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W.P.No.13188 of 2016 & Cont.P.No.1266 of 2016

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24.03.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P.No. 13188 of 2016 and Cont.P.No.1266 of 2016

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W.P.No. 13188 of 2016

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M/s.Spellbound, Represented by its Sole proprietor, Mr.K.N.Reddin, No.32, Elliot's Beach Road, Besant Nagar, Chennai-600 090.

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Vs.

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The Tamil Nadu Tourism Development Corporation Limited, Represented by its General Manager, Tamil Nadu Tourism Complex, No.2, Wallajah Road, Chennai-600 002.

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The State of Tamil Nadu, Represented by its Secretary to the Government, Tourism, Culture & Religious Endowments Department, Secretariat, Fort St. George, Chennai - 600 009.

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Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents to permit the petitioner to dismantle and remove all the goods, movables, machinery,

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1/6

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

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W.P.No.13188 of 2016 & Cont.P.No.1266 of 2016

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equipments, instruments, platforms, stages and iron sheds and all such materials erected by the petitioner for the purpose of organizing the 42^nd India Tourism and Industrial Fair, 2016 form Island Grounds, Chennai.

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For Petitioner : Ms.B.Parthika Devi

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for M/s.P.Wilson Associates

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For R1 & R2 : Mr.R.Neelakandan Additional Advocate General assisted by Mr.S.Senthil Murugan Special Government Pleader

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Cont.P.No.1266 of 2016

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M/s.Spell Bound, Represented by its sole proprietor, Mr.K.N.Reddin, No.32, Elliot's Beach Road, Besant Nagar, Chennai-600 090.

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... Petitioner

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Thiru Har Sahay Meena, I.A.S., Managing Director, Tamil Nadu Tourism and Development Corporation, Tourism Complex, Wallajah Road, Chennai-600 002.

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Dr.M.Veera Shanmuga Moni, I.A.S., The Principal Secretary to Government, Tourism, Culture and Religious Endowments Department, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai - 600 009.

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2/6

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

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W.P.No.13188 of 2016 & Cont.P.No.1266 of 2016

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Mrs.Kavita Ramu General Manager, Tamil Nadu Tourism and Development Corporation, Tourism Complex, Wallajah Road, Chennai-600 002.

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Mr.Prabakaran, General Manager cum CFO, Trade Fair, Tamil Nadu Tourism and Development Corporation, Tourism Complex, Wallajah Road, Chennai - 600 002.

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Mr.Radhakrishnan, Manager, Trade Fair, Tamil Nadu Tourism and Development Corporation, Tourism Complex, Wallajah Road, Chennai - 600 002. ... Respondents

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Prayer: Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971 praying to punish the respondents 1 to 5 for deliberate and willful disobedience of the orders of this Court made in W.P.No.13188 of 2016 on the file of this Court.

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For Petitioner : Ms.B.Parthika Devi for M/s.P.Wilson Associates

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For R1 to R5 : Mr.R.Neelakandan Additional Advocate General assisted by Mr.S.Senthil Murugan

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Special Government Pleader

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3/6

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

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W.P.No.13188 of 2016 & Cont.P.No.1266 of 2016

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COMMON ORDER

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This writ petition and the contempt petition are taken up together for

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disposal.

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In the year 2016, the petitioner filed this writ petition seeking a mandamus to dismantle the structures that were put up by the respondents. In the said writ petition, an interim order of status quo was granted. Complaining willful disobedience of the same, the contempt petition was filed. In the contempt petition, again an order has been passed to post both the writ petition and the contempt petition together.

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When the matter came up for hearing, the learned counsel appearing on behalf of the petitioner would submit that much water has flown since from the year 2016 and two suits with reference to the same cause of action that is filed by the petitioner is pending on the original side of this Court in C.S.No.256 & 765 of 2016.

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The learned Additional Advocate General appearing on behalf of the

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respondents would submit that there are also two other connected writ

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4/6

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

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W.P.No.13188 of 2016 & Cont.P.No.1266 of 2016

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petitions filed by different persons in W.P.No.28455 of 2016 and 28377 of 2016. The same can be dealt with independently as and when the same is listed.

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In view thereof, this Court does not decide any of the contentious submissions that are made in the writ petition and the liberty of the petitioner as well as the respondents are kept open to be agitated in the said suit in the manner known to law.

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By recording the same and keeping open the liberty of the parties, the writ petition stands disposed of. In view of the writ petition being disposed of, there is nothing further to be gone into the contempt petition and the contempt petition shall also stands closed. No costs.

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24.03.2025

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Neutral Citation: Yes/No nsl

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5/6

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

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W.P.No.13188 of 2016 & Cont.P.No.1266 of 2016

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D.BHARATHA CHAKRAVARTHY, J.