SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(Mad) 4162

High Court of Judicature at Madras
K. RAVICHANDRABAABU, J.
Venkatakrishnan
Versus
S. Vijayalakshmi & Another
C.R.P.(PD).No.3431 of 2014 & M.P.No.1 of 2014
Decided on: 19-11-2014

Advocates Appeared:
For the Petitioner:S. Venkatesh, Advocate.
For the Respondents:M.L. Joseph for M/s. Chennai Law Associates, Advocates.

Headnote:

Tamil Nadu Buildings Act, 1960 - Section 17(2) - Contempt of Courts Act, 1971 - Section 12 - Indian Penal Code - Sections 175, 178, 179, 180 and 228 - Constitution of India, 1950 - Article 227 – Jurisdiction – Tenant - Seeking for restoration of basic amenity of water supply - Revision petitioner herein is landlord pending on file of X Small Causes Court and respondents herein are tenants - Said R.C.O.P. was filed by tenants under Section 17(2) of Tamil Nadu Buildings Act, 1960 seeking for restoration of basic amenity of water supply to petition mentioned premises - Pending above R.C.O.P. tenants filed an interim application under Section 17(3) of said Act seeking for a direction to landlord to restore water supply forthwith to petition mentioned premises - Said interim application after contest was allowed - Alleging that said interim direction was not complied with tenants filed Contempt Petition under Section 12 of Contempt of Courts Act, 1971 praying for punishing landlord for disobedience of interim order - Rent Controller entertained Contempt Petition and issued notice to landlord - On receipt of notice in said Contempt proceedings in Contempt Petition present Civil Revision Petition is filed by landlord challenging same on ground of want of jurisdiction – Held, Tenants in this case are not remediless and they can always execute order of Rent Controller though passed as an interim measure - Instead of doing so respondents/tenants have chosen to initiate Contempt proceedings under Section 12 of Contempt of Courts Act, before Rent Controller which in court considered view is not at all maintainable and same is without jurisdiction – Unfortunately Rent Controller has entertained Contempt Petition and issued notice to revision petitioner/landlord without having jurisdiction to do so - Considering all these facts circumstances and relevant provisions of law and Constitution of India, court of view that Subordinate Courts have no jurisdiction to proceed against a person under Contempt of Courts Act, 1971 if Contempt is not an ex-facie Contempt and on other hand it is a Contempt of Court as defined under Section 2(a) (b)(c) of Contempt of Courts Act, 1971 - If any such application for Contempt is moved complaining that a person has committed Contempt of Court as defined under Contempt of Courts Act, 1971 Subordinate Court has to only refer matter to High Court for further proceeding in said matter as contemplated under Sections 10 and 12 of Contempt of Courts Act, 1971 - For reasons stated above impugned Contempt proceedings pending before Rent Controller - X Small Causes Court in Contempt Petition is liable to be quashed – Accordingly impugned order passed in Contempt Petition on file of X Small Causes Court is quashed - Quashing of above Contempt proceedings will not preclude respondents-tenants from taking steps for execution of order on file of X Small Causes Court in accordance with procedure contemplated under Section 18 of Tamil Nadu Buildings Act, 1960 or by filing a Contempt Petition before this Court under Contempt of Courts Act, 1971 since remedy available to execute order through Execution Proceedings is not a bar to initiate Contempt proceedings before this Court in appropriate cases - Civil Revision Petition is allowed

Judgment

1. Though the miscellaneous petition is listed for disposal, by consent of the learned counsel appearing for the parties, the Civil Revision Petition itself is taken up for disposal.

2. The Civil Revision Petition is filed under Article 227 of the Constitution of India, challenging the proceedings in Contempt Petition No.464 of 2014 in M.P.No.23 of 2014 in R.C.O.P.No.2359 of 2013, pending on the file of X Small Causes Court, Chennai, mainly on the ground that the learned Rent Controller does not have jurisdiction to entertain and consequently to initiate Contempt proceedings under the provisions of the Contempt of Courts Act, 1971.

3. The revision petitioner herein is the landlord in R.C.O.P.No.59 of 2013 pending on the file of X Small Causes Court, Chennai and the respondents herein are the tenants. The said R.C.O.P. was filed by the tenants under Section 17(2) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (as amended) seeking for restoration of basic amenity of water supply to the petition mentioned premises.

4. Pending the above R.C.O.P., the tenants filed an interim application in M.P.No.23 of 2014 under Section 17(3) of the said Act, seeking for a direction to the landlord to restore the water supply forthwith to the petition mentioned premises. The said interim application, after contest, was allowed on 25.2.2014. Alleging that the said interim direction was not complied with, the tenants filed Contempt Petition under Section 12 of the Contempt of Courts Act, 1971, praying for punishing the landlord for disobedience of the interim order, dated 25.2.2014. The learned Rent Controller entertained the Contempt Petition and issued notice to the landlord. On receipt of the notice in the said Contempt proceedings in Contempt Petition No.464 of 2014, the present Civil Revision Petition is filed by the landlord, challenging the same on the ground of want of jurisdiction.

5. Learned counsel appearing for the revision petitioner/landlord submitted that the learned Rent Controller is not a Court to initiate the Contempt proceedings and therefore, he lacks jurisdiction under the Contempt of Courts Act, 1971.

6. Learned counsel appearing for the respondents/tenants, though conceded to the question of law raised by the learned counsel appearing for the petitioner, by saying that the Contempt proceedings may not lie before the learned Rent Controller, however submitted that the other remedy is always available to the respondents/tenants to execute the interim order, when the said order is not obeyed by the revision petitioner/landlord.

7. Heard the learned counsel appearing on either side and perused the materials placed on record.

8. The core issue that arises for consideration in this Civil Revision Petition is as to whether the Subordinate Courts, more particularly in this case, the learned Rent Controller, has jurisdiction to entertain the Contempt Petition filed under Section 12 of the Contempt of Courts Act, 1971.

9. No doubt, the learned counsel appearing for the respondents/tenants conceded to the above issue in favour of the revision petitioner/landlord. Even then, this Court would like to go into such issue and give a finding, since the question of law pertaining to jurisdiction raised by the learned counsel for the petitioner cannot be answered simply based on the concession given by the other side, since it is well settled that parties cannot either confer or deny jurisdiction on a particular Court in respect of a particular matter, unless it is so stated under the statute.

10. Thus, to decide the issue on hand, let me first consider the scope of the Contempt of Courts Act, 1971. The said Act was enacted to define and limit the powers of certain Courts in punishing Contempts of Courts and to regulate their procedure in relation thereto. A perusal of the statement of objects and reasons for enacting the said law would show that the then existing law relating to Contempt of Courts was somewhat uncertai

































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top