N VIJAYARAGHAVAN Vs. C PERUMAL

JUDGEMENT

(1.) THIS contempt petition has been filed praying that, this Court may be pleased to punish the respondents for violation of the order passed by this Court, on 11.12.2008, in M.P.No.1 of 2008, in S.A.No.692 of 2008.

(2.) IT has been stated by the learned counsel appearing on behalf of the petitioner that, in spite of the order of injunction passed by this Court, on 11.12.2008, in M.P.No.1 of 2008, in S.a.No.692 of 2008, restraining the respondents from encumbering or altering the character of the property, which is the subject matter of the suit, in O.S.No.238 of 2002, on the file of the District Munsif Court, Kancheepuram, the respondents had put up constructions in the suit property, contrary to the order passed by this Court.

(3.) IN view of the averments made in the affidavit filed in support of the contempt petition and the averments made in the counter affidavit filed on behalf of the respondents 2 and 3 and in view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the said respondents, this Court does not find sufficient cause or reason to punish the respondents 2 and 3, for committing contempt of Court. Nothing has been shown on behalf of the petitioner, to substantiate his allegation that the respondents had wilfully disobeyed the order passed by this Court, on 11.12.2008, in M.P.No.1 of 2008, in S.A.No.692 of 2008. Hence, this contempt petition stands closed. However, it goes without saying that, it would be open to both the petitioner, as well as the respondents 2 and 3 to initiate appropriate civil, as well as criminal proceedings, as they may deem fit and proper, in respect of acts and omissions, that may be committed by the parties to the case, contrary to the provisions of law, and it would be open to the authorities concerned to look into such complaints, as and when they are made, and to take appropriate steps, in accordance with the procedures established by law. No costs. Connected sub application is also closed.