Case Note & Summary
The case involves two contempt petitions filed by Thulasiraman and V. Lakshmanan against K. Hariram, Assistant Director/Administrator of MRL Industrial Co-operative Service Society Limited, alleging wilful disobedience of orders passed by the Madras High Court in W.P. No. 13192 of 2019 and W.P. No. 30640 of 2018 on 08.11.2023. The contempt petitions were filed under Sections 11 and 12 of the Contempt of Courts Act, 1971, seeking punishment for the contemnor. However, during the hearing, the learned counsel for the petitioners, Mr. C.P. Hemkumar, submitted that no cause exists to prosecute the respondent under the Contempt of Courts Act. Consequently, the court, comprising Justice S.M. Subramaniam and Justice K. Kumaresh Babu, closed both contempt petitions on 30-03-2026, with no order as to costs. The court did not delve into the merits of the alleged disobedience, as the petitioners themselves conceded that there was no ground for contempt action. The judgment is brief, spanning three pages, and includes a neutral citation 2026:MHC:1358.
Headnote
A) Contempt of Court - Wilful Disobedience - Sections 11 and 12, Contempt of Courts Act, 1971 - The petitioners filed contempt petitions alleging wilful disobedience of orders passed by the High Court in two writ petitions. The petitioners' counsel submitted that no cause exists to prosecute the contemnor. The court closed the contempt petitions without any further proceedings. Held that where the petitioner's counsel concedes no cause exists, contempt proceedings are not maintainable (Paras 1-2).
Issue of Consideration
Whether the contemnor committed wilful disobedience of the court's orders dated 08.11.2023 in W.P. Nos. 13192 of 2019 and 30640 of 2018, warranting punishment under the Contempt of Courts Act.
Final Decision
The contempt petitions are closed. No costs.
Law Points
- Contempt of Courts Act
- 1971
- Sections 11 and 12
- Wilful Disobedience
- No Cause to Prosecute
