P.Santhamma v. Sri Lokesh Kumar D.S. and Another
Case brief
What is this about?
In a contempt case alleging violation of a prior order, the court held that no cause of action existed as the grievance was based on apprehension rather than an actual violation. The case was closed with liberty to the petitioner to approach the court if a violation occurs in the future.
What the court decided
THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM CONTEMPT CASE No.465 of 2021 ORDER:
This Contempt Case is filed alleging violation of order dated 01.02.2019 passed by this Court in Writ Petition No.1875 of 2019.
Paragraph No.3 of the affidavit filed in support of this Contempt Case reads as under:
“I further submit that, after receipt of the certified copy of the order passed in writ petition, I submitted representations dated 02.03.2021 and 06.03.2020 along with xerox copy of order, passed by this Hon’ble High Court and requested the respondents herein not to interfere with my peaceful possession without following due process of law. I further submit that through my neighbours, I recently came to know that the respondents are once again proposing to extend the existing road to 60 feet and they have also issued necessary notices to the neighbouring land owners and for the reasons best known to them, the respondents have not served any notice on me. I apprehend that the respondents without following the procedure and also the judgment rendered by this Hon’ble High Court, may forcefully demolish the part of house dwelling unit resulting in huge loss to me and also without finalizing the compensation amount to be paid to me.”
A reading of the above mentioned paragraph discloses that
at this point of time, no cause of action arises for filing a Contempt Case and it is only on apprehension that the respondents may violate the order of this Court, this Contempt Case has been filed.
In those circumstances, this Contempt Case is closed, however, giving liberty to the petitioner to take appropriate steps in the event of there being any violation in future course of time.
Issues for consideration
3 issues framed by the court
Whether a cause of action for contempt has arisen given that the petitioner filed the case based on apprehension rather than an actual violation.
Whether the contempt case should be allowed to proceed when no imminent threat of violation is substantiated.
Whether liberty should be granted to the petitioner to file a contempt petition in case of future violation.
Parties & counsel
- petitioner
PETITIONER
- respondent
RESPONDENTS
Coram
CHALLA KODANDA RAM
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · April
- Registered
- Case no.
- CC/465/2021
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