Contempt of court cannot be established without fulfilling necessary legal steps and when external factors such as the Government's vested right are involved.

JUDGMENT

(Prayer: Petition filed under Section 11 of Contempt of Courts Act read with under Article 215 of the Constitution of India, to initiate contempt proceedings against the respondents for their willful breech of undertaking made in C.S.No.256 of 2018 dated 09.07.2018.)

1. Heard arguments for about forty five minutes advanced by Mr.S.Ayyadurai, learned Senior Counsel appearing on behalf of the contempt petitioner.

2. As a matter of fact, statutory notice had not been directed to the respondents, but before issuing statutory notice, by noting dated 15.06.2022, this Court had directed private notice to the respondents and on such notice being received, the learned counsels had entered appearance on behalf of the respondents and counter affidavit have also been filed.

3. This Contempt Petition has been filed stating that there has been willful disobedience of order dated 09.07.2018 in C.S.No.256 of 2018. That particular civil suit had been filed by one of the daughter of Mr.Jeppiaar, who was quite an active individual, both in politics and in business field. He had built up substantial wealth including movable and immovable properties and had also incorporated various private limited companies and established a few educational institutions.

4. Naturally, on his death, the legal representatives namely, his widow and daughters wanted a share in the property and not being satisfied with what had been given to them, the propensity to look into what the other person gained or rather was able to take away was a source of continuous acrimonies relationship among the family members. It was in such circumstances that C.S.No.256 of 2018 had been filed by one of the daughters. The defendants in that particular suit were the mother and other daughters, including the present petitioner who was shown as the 5th defendant. There was also another partnership firm which was impleaded as the 6th defendant and the relief sought in that particular suit was for declaration that the 6th defendant, partnership firm stood dissolved on the death of the partner, Mr.Jeppiaar, who died on 18.06.2016 and for consequential reliefs owing to such dissolution.

5. A Memorandum of Understanding (MoU) dated 25.06.2018 was presented to the Court, which gave an impression that the issues among the plaintiff and the defendants, not only with respect to the dissolution of the 6th defendant, but also with respect to discharge of loans which were mounting and also division of the available properties into five equal parts would be undertaken. That task should be done by all the parties. The said MoU was recorded by this Court on 09.07.2018.

6. The present petitioner, did not accept to such MoU and it was stated by the learned Senior Counsel at that time, that clauses (j) (k) and (l) alone would be binding on her and that she would be abide by those clauses only, and that other clauses would not be binding on her. Taking into consideration that particular representation, the Court proceeded to record the MoU, giving such exception to the present petitioner herein with respect to the majority of clauses except (j) (k) and (l). A decree was also passed in accordance with the MoU. It was genuinely felt that the matters had been come to an amicable end on the filing of the MoU and passing of a decree.

7. But it has since transpired, that it did not do so.

8. The learned Senior Counsel pointed out various terms quite apart from clauses (j) (k) and (l) and was quite agitated over clause (f) under which the mother who filed a suit in O.S.No.179 of 2017 seeking permanent injunction against the petitioner herein not to enter into the educational properties, had agreed to withdraw the said suit, but had not withdrawn the same. It was complained that the mother further crossed the line and filed O.S.No.134 of 2021 against the petitioner herein seeking further permanent injunction restraining the petitioner from entering into the properties, where the mother was in possession, either ph