Case Note & Summary
The contempt petition was filed by Vidiyal People Welfare Foundation against the Chief Secretary of Tamil Nadu and the Secretary of the National Human Rights Commission, alleging wilful disobedience of an order passed by the High Court in W.P.No.26156 of 2022 dated 07.02.2024. The foundation contended that the respondents had failed to comply with the directions contained in that order. During the pendency of the contempt petition, the State of Tamil Nadu filed a separate writ petition, W.P.No.21444 of 2024, challenging an order passed by the National Human Rights Commission which had itself been passed in consequence of the directions in the earlier order dated 07.02.2024. In W.P.No.21444 of 2024, a Division Bench of the High Court passed an order directing the second respondent-Association to submit a proposal to the District Collector, Salem, providing particulars of victims entitled to compensation, and further directing the District Collector to submit a report identifying the victims and requiring the concerned Tahsildar to conduct an enquiry with the assistance of the Forest Department if necessary. The matter was listed before the Division Bench for further hearing on 12.03.2025. The learned Additional Advocate General appearing for the contemnors circulated a copy of the Division Bench order. The counsel for the contempt petitioner submitted that, in view of the Division Bench’s engagement with the matter, the contempt petition could be closed. Having regard to the fact that the Division Bench was now seized of the underlying dispute, the Court concluded that it was unnecessary to keep the contempt petition pending any longer. Consequently, recording the submission and the circumstances, the contempt petition was closed with no order as to costs.
Headnote
A) Contempt of Court - Closure of Contempt Petition - Division Bench Seized of Main Matter - Contempt of Courts Act, 1971 - The contempt petition alleged wilful disobedience of order dated 07.02.2024 in W.P.No.26156 of 2022. During pendency, the State filed W.P.No.21444 of 2024 challenging a subsequent NHRC order passed in consequence of the earlier direction. The Division Bench in W.P.No.21444 of 2024 directed the second respondent-Association to submit a proposal and required the District Collector to identify victims and submit a report. In light of the Division Bench being seized of the matter and the contempt petitioner’s counsel submitting that the petition may be closed, the Court held that it was unnecessary to keep the contempt petition pending and closed the petition with no costs (Paras 2-5).
Issue of Consideration
Whether the contempt petition should be kept pending when the Division Bench is seized of the connected matter?
Final Decision
Contempt petition closed. No costs.
