COURT NEWS

Direction to consider representation doesn’t mean positive outcome’

Court rejects contempt petition

26/02/2022

Staff Reporter Madurai

Mere direction by the court to consider the representation would not confer any right on the petitioner to seek a positive relief in the contempt petition beyond the scope of the direction issued by the court in the writ petition.

The Madurai Bench of the Madras High Court clarified the issue while rejecting a contempt petition that was referred to the court by the Registry on the grounds of maintainability. The petitioner should establish the right before the competent authorities, the court said.

Justice S.M. Subramaniam observed that the order of the court to consider a representation under no circumstances could be misconstrued for the purpose of filing contempt petition as if the rights of the petitioner were crystallised by the court.

Even in the case of issuing direction to consider the representation, the petitioner is bound to establish the right. In the absence of any such right, the petitioner is not entitled for any relief before the authorities, the judge said.

Contempt proceedings cannot be taken undue advantage of by the petitioner. Once the writ petition was disposed of with the direction to consider the representation, all the merits of the case are to be adjudicated or considered by the authorities.

The judge said that the observation made by the court is only for consideration and cannot be taken as an order. There is a growing trend of sending varieties of representations to the public authorities.

It may not be possible for them to dispose of the representations immediately. In the event of any mistake then again a writ petition was filed by creating a fresh cause of action. Contempt petitions cannot be entertained in a routine manner.

Contempt proceedings could be initiated against the authorities concerned only if the issues were decided on merits and a clear direction was given. Authority against whom the direction was issued alone should be party to the contempt proceedings, the judge said.