Madras High Court
K.A.M.P.Meerania Muslim vs Subaida ...Contemnor/ on 20 April, 2023
Cont.P(MD)SR No.3302 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.04.2023
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Cont.P(MD)SR No.3302 of 2022
in
S.A(MD)No.1092 of 2004
K.A.M.P.Meerania Muslim
Educational Society
11/47, Singampathu
Kalakkadu,
By its Secretary
Maria Misria(Died)
Mannan Mohamed ...Petitioner/Appellant
-Vs-
Subaida ...Contemnor/Respondent
No.1
PRAYER: Contempt Petition filed under Article 215 of the Constitution of
India and Section 11 of Contempt of Courts Act, 1971, to punish the
respondent herein for committing grave contempt and gross wilful
disobedience of the order passed by this Court in S.A.No.1092 of 2004
dated 18.06.2005.
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Cont.P(MD)SR No.3302 of 2022
For Petitioner : Mr.S.A.Ajmalkhan
JUDGMENT
The petitioner has filed the present contempt petition stating that
the respondent has committed wilful disobedience of the order passed by
this Court in S.A.No.1092 of 2002 dated 18.06.2005.
2.The said contempt petition was returned for want of
maintainability. Thereafter, at request of the learned counsel for the
petitioner, the matter was listed under the caption for maintainability.
3.The learned counsel appearing for the petitioner would submit
that this Court, while passing the order in second appeal, modified the
judgment and decree of the trial Court that the mother of the petitioner was
entitled to function as a Secretary of K.A.M.P Meerania Muslim
Educational Society, Kalakkadu, for a period of three years from April 2010
to March 2013. However, as per the judgment and decree of this Court
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Cont.P(MD)SR No.3302 of 2022
passed in S.A.No.1092 of 2004, the mother of the petitioner herein was
entitled to function as a Secretary for the period of three years from May
2010 to April 2013. After that, the other two groups of people are entitled to
function as a Secretary for a period of three years as per the turn. Again his
mother is entitled to function as a Secretary for a period of three years from
May 2019 to April 2022.
4.Further, the learned counsel would submit that on 05.04.2010,
the petitioner's mother permitted him to function as a Secretary and
correspondence in the above said Society on her behalf. In the document,
the other legal heirs signed as witness. Subsequently, the petitioner's mother
died, on 07.06.2011 and his father died on 06.02.2013. The respondent
along with the legal heirs of one Habeeba, occupied the post of Secretary
after the completion of tenure in the month of April 2019. As per the
judgment and decree passed in the second appeal, the petitioner herein is
entitled to act as a Secretary from May 2019 for a period of three years. But,
the respondent did not allow him to take charge and wantonly violated the
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Cont.P(MD)SR No.3302 of 2022
judgment passed in S.A.Nos.439 and 1092 of 2004, dated 18.06.2005.
Therefore, the present contempt petition is filed.
5.Registry returned the petition on the following ground:
“How the contempt petition is maintainable under Section
20 of Contempt of Courts Act. How the one contempt petition is
maintainable on two second appeals and petitioner is not a party
and respondents 4 to 7 also not a party in second appeals. Date of
orders needs, correction in the prayer of petition and affidavit. Why,
Habeeba, Dawood was not included as parties in contempt
petition.”
6.Subsequently, the petitioner herein also re-presented the same
with compliance. Since the compliance made by the petitioner has not
satisfied with the Court, the matter was listed before the Court on the
ground of maintainability. Though the learned counsel for the petitioner
would submit that in the second appeal, right has been given to the
petitioner's mother during her life time and his mother was permitted to
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Cont.P(MD)SR No.3302 of 2022
function as a Secretary and Correspondence, he has not stated that whether
his mother was allowed to function, as a Secretary from May 2010 to April
2013. Further, even when the second period starts from May 2019 to April
2022, the respondent did not allow him to function. Even the petitioner sent
a notice, the respondent did not allow.
7.When the petitioner's mother died in the year 2011 and father
died in the year 2013, he was not allowed to function as a Secretary from
May 2019 to April 2022. He has not filed any contempt petition, till July
2022 the period of expiry. Therefore, his mother was not allowed to function
from April 2010 to March 2013, during her life time, so she did not file any
contempt petition or execution petition. Even after the death of his mother
on 07.06.2011, the legal heirs of her mother did not file any execution
petition or contempt and kept quiet till the next turn. Even in the next turn
ie from May 2019 to April 2022, the respondent did not allow to function as
a Secretary, he did not take any action and kept quiet. Further, he also stated
in the affidavit that he filed a suit and the same is also pending and he did
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Cont.P(MD)SR No.3302 of 2022
not fully aware that neither his mother was not allowed to function as a
Secretary during her life time, and after the life time of the mother, the
petitioner or the legal heirs of the mother was allowed to function as a
Secretary and during that period they have not taken any action, kept quiet
for a long time. Therefore, the contempt petition is not maintainable due to
delay and latches.
8.Further, the petitioner herein has filed an affidavit, wherein in
para 8 of the affidavit, it has been stated that the respondent acted against
the judgment of this Court passed in S.A.Nos.439 and 1092 of 2004 dated
18.06.2005. Therefore, he filed original suit in O.S.No.51 of 2016 against
the respondent and others before the District Munsif Court, Nanguneri, for
the relief of declaration to declare the changes made by the defendant in the
Society's by law and other reliefs and the same is pending for adjudication.
After the disposal of the appeal and also the death of the mother, the
petitioner filed original suit as against the respondent before the District
Munsif Court, Nanguneri, for the relief of declaration and the same is
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Cont.P(MD)SR No.3302 of 2022
pending. He has also admitted that the period of May 2019 and April 2022
was not allowed to function as a Secretary and he has not taken any action
and not filed execution petition or contempt petition during that period.
Only after a lapse of that period, he filed the present contempt petition.
Therefore, this contempt petition is not maintainable. However, the
petitioner is at liberty to workout his remedy in the manner known to law.
9.In the result, the Contempt Petition is rejected at SR stage itself.
20.04.2023
NCC:Yes/No
Index:Yes/No
Internet:Yes/No
Ns
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Cont.P(MD)SR No.3302 of 2022
P.VELMURUGAN,J.
Ns
Cont.P(MD)SR No.3302 of 2022
in
S.A(MD)No.1092 of 2004
20.04.2023
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