Case Note & Summary
The contempt petition was filed by P. Jasbin Beno alleging willful disobedience of an order dated 06.09.2019 passed by the Madras High Court in W.P.(MD)No.11565 of 2018. The writ order had directed the respondents, the Tahsildar of Vilavancode Taluk and the Commissioner of Kuzhithurai Municipal Corporation, to conduct an inspection and pass an order regarding alleged encroachments. The petitioner claimed that the respondents failed to comply with the order. In response, the Tahsildar filed a counter affidavit stating that an inspection was conducted on 30.10.2019, during which three iron pillars encroaching upon the Nilaviyal Pathai were found and removed. The counter further asserted that there were no other obstructions to the free movement of the public. The court, comprising Justice M.S. Ramesh and Dr. Justice A.D. Maria Clete, considered the submissions and found that the order had been complied with. The court held that the alleged disobedience could not be termed willful in nature. Consequently, the contempt petition was closed without any further action against the respondents.
Headnote
A) Contempt of Court - Willful Disobedience - Section 11, Contempt of Courts Act, 1971 - Allegation of willful disobedience of a writ order directing inspection and removal of encroachments - Respondents conducted inspection on 30.10.2019, found three iron pillars encroaching Nilaviyal Pathai, and removed them - Counter affidavit stated no other obstructions - Court held that disobedience cannot be termed willful and closed the contempt petition (Paras 1-2).
Issue of Consideration
Whether the respondents committed willful disobedience of the court's order dated 06.09.2019 in W.P.(MD)No.11565 of 2018 directing them to conduct an inspection and pass an order.
Final Decision
The contempt petition is closed as the order has been complied with and the disobedience is not willful.
Law Points
- Willful disobedience
- Contempt of Courts Act
- 1971
- Section 11
- Compliance with court order
- Inspection and removal of encroachment
Case Details
2025 LawText (MAD) (01) 94
Cont.P.(MD) No.335 of 2021 in W.P.(MD)No.11565 of 2018
M.S. Ramesh, A.D. Maria Clete
For Petitioner: Mr. K.N. Thambi; For Respondents: Mr. S.R.A. Ramachandran, Additional Government Pleader
1. K. Purantharadhas, Tahsildar, Vilavancode Taluk, Kuzhithurai Post, Kanyakumari District; 2. Moorthi, Commissioner, Kuzhithurai Municipal Corporation, Vetumani Junction, Marthandam, Kanyakumari District
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Nature of Litigation
Contempt petition alleging willful disobedience of a writ court order.
Remedy Sought
Petitioner sought to punish the respondents for willful disobedience of the order dated 06.09.2019 in W.P.(MD)No.11565 of 2018.
Filing Reason
Alleged failure of respondents to comply with the writ court's direction to conduct an inspection and pass an order regarding encroachments.
Previous Decisions
W.P.(MD)No.11565 of 2018 was disposed on 06.09.2019 directing respondents to conduct inspection and pass order.
Issues
Whether the respondents committed willful disobedience of the court's order dated 06.09.2019.
Submissions/Arguments
Petitioner alleged willful disobedience of the writ order.
Respondents submitted that inspection was conducted on 30.10.2019, three iron pillars encroaching Nilaviyal Pathai were removed, and no other obstructions exist.
Ratio Decidendi
Disobedience of a court order cannot be termed willful when the respondents have complied with the order by conducting inspection and removing encroachments, as evidenced by the counter affidavit.
Judgment Excerpts
Alleging willful disobedience of the order passed by this Court in W.P.(MD)No.11565 of 2018 dated 06.09.2019, this Contempt Petition has been filed.
The order passed in the Writ Court directing the respondents to conduct an inspection and pass an order has been complied with.
As such the disobedience alleged cannot be termed as wilful in nature. Accordingly, the contempt petition is closed.
Procedural History
The writ petition W.P.(MD)No.11565 of 2018 was disposed on 06.09.2019 directing respondents to conduct inspection and pass order. Subsequently, the present contempt petition was filed on 2021 alleging willful disobedience. The court heard the matter and passed the order on 24.01.2025.
Acts & Sections
- Contempt of Courts Act, 1971: Section 11
