Case Note & Summary
The contempt petition was filed by T. Sampath against four contemnors, including the Secretary to Government, Water Resources Organisation, and other engineers, alleging willful disobedience of the order dated 03.11.2023 in W.A.No.3022 of 2023. The earlier order had expected the Government to take effective steps when surplus water enters agricultural land and to take a decision on administrative sanction expeditiously, preferably within six months. The learned Special Government Pleader submitted that the Government had issued G.O.(2D).No.258, Water Resources (WR2) Department, dated 06.12.2023, sanctioning funds for construction of a tank at Veppamkuppam, and the process was under progress. The court held that since funds were sanctioned, it was a policy decision of the Government and there was no willful disobedience. The court directed the respondents to ensure construction of the tank as expeditiously as possible and closed the contempt petition with no costs.
Headnote
A) Contempt of Court - Willful Disobedience - Section 11, Contempt of Courts Act, 1971 - The court examined whether the respondents willfully disobeyed the order directing expeditious decision on administrative sanction for construction of a tank. Since the Government issued G.O.(2D).No.258 dated 06.12.2023 sanctioning funds, the court found no willful disobedience and closed the contempt petition, directing expeditious construction. (Paras 2-5)
Issue of Consideration
Whether the respondents committed willful disobedience of the court's order dated 03.11.2023 in W.A.No.3022 of 2023 by not constructing the tank within the expected timeline.
Final Decision
The contempt petition is closed. No costs. Respondents shall ensure construction of tank as expeditiously as possible.
Law Points
- Contempt of Courts Act
- 1971
- Section 11
- Willful disobedience
- Policy decision
- No willful disobedience if substantial compliance
