Yes it may be pending till he returns or, chief Justice may assign it to other bench
Contempt petition
Madras High court has given an order on 20.12.2018 in my writ petition directing the collector to pass award within 6 weeks from the date of receipt of the copy of the order in a land acquisition case.On 02.02.2019 i have delivered a web copy to collector informing them of the order.Till date the award is yet to be passed. Collector has written me that due to shortage of man power and citeing general election mode of conduct the process is being delayed .I have filed an rti on 28.04.2019 asking for information whether award has been passed as per the order of my writ petition for which they have replied that that they have initiated the process.i have filed an appeal with the appleate authority since the information given was vague and ambiguous . I have also send many reminders to the collector regarding the passing of the award as per the order of the writ petition. But no response from collector.I have filed a caveat for my writ petition. Neither the collector has gone for appeal or sought time from high court for time to pass the award.The judge who delivered the order is now in Madurai bench of Madras High Court.He is due to return back to Madras High Court in the month of October only.If i file a contempt petition it will be kept pending till the return of the judge.Kindly advice for the next course of action.
Asked 6 years ago in Civil Law
15 Answers
1) issue legal notice to collector as to why contempt of court proceedings should not be initiated against him for failure to comply with HC orders
2) if collector fails to pass order inspite of legal notice take out contempt of court proceedings
On what date you have received the order ? Order passed on 21/12 and you submitted copy in feb ? Why delayed.
And collector himself have received the copy before you submitted him. Dosen`t matter Judge sitting in Madurai bench. Roster of contempt petition must be with some other judge. And this not happens, only that Judge will hear contempt who passed the order.
As six month passes, file contempt, stop running after collector. You will get interest on delayed payment. And shortage of man power and citing general election, no reason to delay compliance of court order.
Please note that it is mandatory on your part to issue Notice of Contempt to the Collector atleast 3 weeks prior to filing of contempt petition in High court.
If the award has not been passed within stipulated period as per the order then file immediately a contempt petition, don't wait any body else.
See you can file contempt petition the other equivalent bench in the high court shall hear your matter.
The order was passed way back in December. The last date of compliance has passed. Now he is in contempt. A contempt judge is different from the judge who passed the order. Therefore file a contempt application immediately.
Regards
Instead of filing contempt petition you may file an execution petition to execute the orders of the court as per provisos of law in this regard.
The execution petition may be more effective and result oriented instead of the contempt petition.
Dear
You have to issue a legal notice to collector through your advocate for contempt of court.
Also give him a time of 15 days to comply with order of high court or you will file a contempt of court petition in High court.
If he still doesn't pass the award then file petition for contempt of court.
Whether i can file a execution petition to execute the order of the Madras high court order. In that case where should I file the execution petition.wherher execution petition will drag on for years.Kindly advice which is the best option whether contempt petition or execution petition. Kindly advice me the pros and cons of both contempt petition and execution petition. Limitation of filing contempt petition is one year .Whether i can file both petition.
Asked 6 years ago
Take out contempt of court proceedings as mentioned herein above
2) you cannot file both petition
First file a contempt application. The award has not been passed by the collector in compliance of the court order. The award has not been passed. How can you file execution against an order that hasn't been passed! Act accordingly.
Regards
File for contempt petition in high court parallel bench will hear and decide the matter and contempt won't take too long. For high court orders contempt is better way to get issue resolved . Yes you can file both before the high court.
don't file EP, file contempt petition.
One year is the period of limitation as per section
20 of Contempt of Courts Act
1971.HighCourt cannot take cognizance even of
contempt of itself if the period of one year has
lapsed.Pls read Section 20 which stipulates
Limitation for actions for contempt.
You can file the execution petition before Madras high court itself to execute the orders of court, if the petition is returned as not maintainable then you may file a contempt petition agaisnt the collector before the same court
Yoes got can fils.