S J DOMINIC Vs. K SOMU

JUDGEMENT

(1.) HEARD Mr.M.Suresh Kumar, the learned counsel appearing on behalf of the petitioner and Mr.S.Ravichandran, the learned counsel appearing on behalf of the respondent.

(2.) THIS petition has been filed praying that this Court may be pleased to punish the respondent for wilful disobedience of the order of this Court, dated 06.08.2004, made in W.P.M.P.No.27350 of 2004 in W.P.No.22624 of 2004.

(3.) IN such circumstances, the petitioner had come before this Court by way of filing a writ petition in W.P.No.22624 of 2004, praying for a writ of mandamus to forbear the respondent from demolishing the premises at Plot No.274, Palkalai Nagar, Palavakkam, Chennai -600 041. This Court by an order, dated 06.08.2004, granted an order of interim injunction in W.P.M.P.No.27350 of 2004, restraining the respondent, their men, agent or servant or any one claiming under him from interfering with the peaceful possession and enjoyment of the property of the petitioner at Plot No.274, Palkalai Nagar, Palavakkam, Chennai 600 041, pending disposal of the writ petition. The petitioner has further submitted that the copy of the order passed by this Court, on 06.08.2004, was made ready, on 10.08.2004, and it was served on the respondent, on 11.08.2004. In spite of having knowledge of the order, the respondent and his men had demolished the compound wall in the property of the petitioner, on 11.08.2004, amounting to wilful disobedience of the order passed by this Court, on 06.08.2004. Hence, the petitioner has preferred the present contempt petition.