Case Note & Summary
The petitioner filed a contempt petition under Section 11 of the Contempt of Courts Act, 1971, alleging willful disobedience of an order passed by the Madurai Bench of the Madras High Court in W.A.(MD)No.105 of 2023 dated 09.07.2024. The respondents were government officials. During the pendency of the contempt petition, the respondents informed the court that they had preferred a Special Leave Petition before the Supreme Court in Diary No.57855 of 2024, and by an order dated 10.01.2025, the Supreme Court had stayed the judgment in the Writ Appeal. In view of the stay, the High Court held that since the Supreme Court had taken cognizance of the judgment, the contempt petition could not proceed. The court accordingly closed the contempt petition without any further orders.
Headnote
A) Contempt of Court - Stay of Underlying Order - Effect on Contempt Proceedings - Contempt of Courts Act, 1971, Section 11 - Where the judgment alleged to have been disobeyed has been stayed by the Supreme Court, the contempt petition becomes infructuous and is liable to be closed - Held that once the superior court has taken cognizance and stayed the order, the contempt proceedings cannot continue (Paras 2-3).
Issue of Consideration
Whether a contempt petition for alleged willful disobedience of a High Court order can proceed after the Supreme Court has stayed that order.
Final Decision
The contempt petition was closed in view of the stay granted by the Supreme Court on the judgment in the Writ Appeal.
Law Points
- Contempt proceedings abate when the underlying order is stayed by a superior court
- Willful disobedience cannot be alleged when the order is no longer operative
Case Details
2025 LawText (MAD) (01) 93
Cont.P.(MD) No.3092 of 2024 in W.A.(MD)No.105 of 2023
M.S.Ramesh, A.D.Maria Clete
Mr.B.Saravanan, Senior Counsel for Mr.C.Jeganathan (for petitioner), Mr.S.Shaji Bino, Special Government Pleader (for respondent No.1), Mr.S.Vinayak, Standing Counsel (for respondents 2 & 3)
1.D.Karthikeyan, I.A.S., 2.S.Sivarasu, I.A.S., 3.S.Dinesh Kumar, I.A.S.
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Nature of Litigation
Contempt petition alleging willful disobedience of a High Court order.
Remedy Sought
Petitioner sought punishment of respondents for willful disobedience of the order in W.A.(MD)No.105 of 2023 dated 09.07.2024.
Filing Reason
Alleged willful disobedience of the High Court's order by the respondents.
Previous Decisions
The High Court had passed an order in W.A.(MD)No.105 of 2023 on 09.07.2024. The respondents filed a Special Leave Petition (Diary No.57855 of 2024) before the Supreme Court, which stayed the judgment on 10.01.2025.
Issues
Whether a contempt petition can proceed when the underlying order has been stayed by the Supreme Court.
Submissions/Arguments
Petitioner alleged willful disobedience of the High Court order.
Respondents informed that the Supreme Court had stayed the order.
Ratio Decidendi
Once the Supreme Court stays the judgment which is the subject matter of contempt proceedings, the contempt petition becomes infructuous and cannot be proceeded with.
Judgment Excerpts
It is stated that as against the order passed in the Writ Appeal, the respondents have preferred a Special Leave Petition in Diary No.57855 of 2024 and by an order dated 10.01.2025, the judgment in the Writ Appeal has been stayed.
In view of the same, since the Hon'ble Supreme Court has taken cognizance of the judgment passed, this Contempt Petition is closed.
Procedural History
The petitioner filed a contempt petition on 24.01.2025 alleging willful disobedience of the order dated 09.07.2024 in W.A.(MD)No.105 of 2023. The respondents informed that they had filed a Special Leave Petition before the Supreme Court, which stayed the judgment on 10.01.2025. The High Court closed the contempt petition on the same day.
Acts & Sections
- Contempt of Courts Act, 1971: Section 11
