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2012 Supreme(Ker) 145

MANJULA CHELLUR, P.R.RAMACHANDRA MENON
O. P. Sreedhara Menon, Coimbatore – Appellant
Versus
K. Amarnath Shetty, Palakkad – Respondent


Advocates Appeared:
For the Petitioners:matha M Paikaday (Sr.), Alex Jose Paikada, Saji Varghese, Advocates.
For the Respondents:K.P. Dandapani, Advocate General.

Judgment :-

P.R. Ramachandra Menon, J:

1. Whether dismissal of an appeal preferred by the State against the declaration given by the Forest Tribunal, that the property is not a ‘private forest’ vested with the Government and the failure, if any, on the part of the Government/Department to restore possession, will by itself give rise to a cause of action to proceed against the respondent(s)/State by way of Contempt of Court, is the primary point to be considered in these cases.

Whether non-implementation of the ‘Undertaking’ given before the Court will constitute an offence of contempt always, irrespective of the circumstances under which such Undertaking was given, is the next point to be answered.

Will the non-compliance with the ‘Undertaking’ give rise to any ‘Criminal contempt’ is the further point to be considered in COC (CRL.)2/2011-Suo motu.

Whether initiation of such Suo Motu contempt as per the order dated ’30.03.2011’ in respect of the alleged breach of Undertaking dated ’03.04.2006’ is permissible to be pursued further, in view of statutory bar of limitation under Section 20 of the Contempt of Courts Act, is the fourth question to be dealt with.

If the non-compliance is












































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