15-day jail sentence to Salem corporation commissioner quashed

CHENNAI: The Madras High Court set aside munsif court’s order sentencing the Salem Corporation Commissioner to undergo 15 days of imprisonment for not implementing the court order in a civil dispute.

Justice GK Ilanthiraiyan set aside the 2014 order of Principal District Munsif at Salem and allowed the criminal revision petition filed by Salem Corporation Commissioner.

The judge passed the order after hearing submissions of the Public Prosecutor Hassan Mohammed Jinnah, who said that the sentence was passed in a contempt case initiated by Mallika of Andipatti village in Salem.

When the Salem corporation removed a construction made by Mallika for laying the road, she approached a civil court. She argued that the corporation has occupied her patta land and demolished her house.

She prayed for a direction to the corporation commissioner to stop the road works and reconstruct the house. Concurring with her submissions, the munsif court in Salem passed a direction in her favour.

As the officer did not implement the order, Mallika filed a contempt petition in which the trial court sentenced 15 days of imprisonment to the Salem Corporation Commissioner. So, the corporation approached HC against it.

The PP submitted that Mallika had suppressed the fact that “Mallika had actually encroached upon the government land”.

Recording the submissions, the judge held that the subject land was classified as ‘sarkar poramboke path’. The petitioner had built a road and put it for public use.

“This suit should be decided on merits and in accordance with, this Court is inclined to compensate the cost for the inconvenience caused to the first respondent/Mallika,” the judge held and ordered the corporation to pay Rs 10,000 to her.