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

2025 Supreme(Online)(Mad) 65426

IN THE HIGH COURT OF JUDICATURE AT MADRAS
MANINDRA MOHAN SHRIVASTAVA, CJ, G.ARUL MURUGAN, J
G.Santhanapathy – Appellant
Versus
The Greater Chennai Corporation – Respondent
W.P.No.41599 of 2025 | W.M.P.No.46621 of 2025 | W.M.P.No.46626 of 2025



Advocates:
For the Appellants/Petitioners: Mr.Richardson Wilson
For the Respondents: Mr.D.B.R.Prabhu

The court may dismiss repetitive petitions failing to show compliance with prior orders, emphasizing contempt jurisdiction as the appropriate remedy for disobedience.

Headnote:This judgment addresses the issuance of a writ of mandamus under Article 226 of the Constitution of India, addressing allegations of non-compliance with previous court orders concerning unauthorized structures. The court finds that petitions reiterating similar directions can be adequately dealt with through contempt jurisdictions. The main issue articulated involves the proper disposition of previous contraventions of court orders, to which the court posits: "there is willful disobedience" thereby justifying recourse to contempt procedures instead of repetitively issuing orders. The court's reasoning centers upon the principle that contempt can be addressed without redundant petitions. The Writ Petition is dismissed but allows for the option of a contempt petition if necessary, with no costs ordered.

We find that the petition, in essence, is based on allegation that the order of this court is not being complied with and there is willful disobedience.

If that be so, this can be dealt with in contempt jurisdiction and repeated orders are not required to be passed in successive petitions issuing same direction time and again.

Writ petition is dismissed with liberty to file contempt petition.

There shall be no order as to costs. WMP No No.46621 of 2025 filed to permit the petitioners to join together and file a single writ petition is allowed subject to payment of separate court fee within two weeks, failing which this order shall be made applicable only to the first petitioner. Other interim application stands closed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
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