Legal remedy
Kannan
(Querist) 20 January 2013
This query is : Resolved
In Tamil Nadu several revenue related cases the revenue officials failure to obey the high court civil writ direction. Even after filing contempt of court there is no penalties. Please tell me legal remedy.
Mari.R
Guest
(Expert) 20 January 2013
The contempt petition never fails to produce the result in the High Court. The HC would summon the concerned official whereby he would assure the court of compliance.
Kannan
(Querist) 20 January 2013
Dear Davessar Sir,
Thank you for your kind reply Sir, after filing contempt petition ( For Mandamus civil writ )
any penalty for non-compliance ?
Raj Kumar Makkad
(Expert) 20 January 2013
I do not agree with Devesar on this point. High courts are the proper place wherein contemnors come to know the sanctity of courts otherwise many do not pay their attention towards the directions of the lower courts.
I need to persue the contemp petition till it reaches to its ultimate end.
Kannan
(Querist) 20 January 2013
Dear Raj kumar sir,
Thank you very much for your reply sir.
Guest
(Expert) 27 January 2013
I fail to comprehend what you disagree with me on, Makad. I said that contempt petition always produces the desired result in the HC and the desired result is the compliance of the HC order. May be you did not read my reply carefully.
In my career I have not come across a single case in the HC wherein the contemnor on being summoned by the HC did not comply with the orders of the court.
Raj Kumar Makkad
(Expert) 27 January 2013
*Devesar! You need not to be so aggressive. What ever a sense came out of your reply that the concerned official shall ensure HC about compliance. This shown only an assurance and not the subsequent clarification made by you so I became disagree to your earlier reply.
If your both replies are read collectively then you and me are at the same footing.
V R SHROFF
(Expert) 27 January 2013
Raj Saab, there was nothing to disagree with Devesar on this point.
we need not mention in such case. but suggest our view.
Mr Kannan just wanted to highlight the behaviour of revenue officials, and that they don't care HC orders.
Probably such officers are posted and on their seat at the pleasure of few politicians/ builders/ Landlords, and working under their control and influenced by them . He too have to save his seat, or he can be transferred!
Majority of Police officers, Revenue authorities, and all, officers working under tremendous mental tension, and pressure, wherever there is lots of money, wherever rich and powerful personalities are involved. Judges too are no exceptions.
In corrupt INDIA, one cannot change such practices that easily. Root cause is different and it affect their survival. Contempt of court order is secondary for them.
There are institutions , had 100's of HC court contempt, and no authority bothers abt it.
So take it easy Mr. Kannan: We are living in this Great India. Could Anna Change it?? Can you or HC Ruling Change the attitude?? It is intentional and they take calculated risk. They are immune.
Guest
(Expert) 01 February 2013
Aggressive....? LOL
Where do I appear aggressive in my post? I simply asked you where is the question of a disagreement when we have the same view. You still have not been able to point out one to me. And no you made a wrong sense of my post. Nowhere did I say that the compliance should be left to the concerned official. The crux of my post was that the compliance has to be through the concerned official but it can be compelled through the weapon of contempt.
Raj Kumar Makkad
(Expert) 01 February 2013
Once matter has been resolved, there is no meaning to re-open it because after all this section is meant for the general querist and not for the experts to resolve and exchange and counter exchange their arguments.
Guest
(Expert) 03 February 2013
I agree with you on this, Makad. Nothing needs to be added after my last post.
