Madras High Court
CONT P/2724/2026 of V.M.Amanullah (Deceased) and 5 others Vs Mr. G.S.F.Shajahan, on 13 August 2026
of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-08-2026
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI
CONT P No. 2724 of 2026
1. V.M.Amanullah (Deceased) and 5 others Habib Natchiya, W/o. Mohamed Yousuf, and 5 Others
2. Samsath Begum,
W/o. Amanullah,
3. Mathina Nasreen,
D/o. Amanullah,
4. Haseena Nasreen,
D/o. Amanullah,
5. Shaik Mushakeer,
S/o. Amanullah,
6. Mohamed Aasief,
S/o. Amanullah, All are residing at
No.7/1125, Pudumanai Street,
Adiyakkamangalam, Tiruvarur Taluk and
District - 611 101.
Petitioner(s)
Vs
1. Mr. G.S.F.Shajahan,
S/o. Shaik Dawood, No.33C/2, Thanjai
Salai, Vijayapuram, Thiruvarur - 610 001.
Contemnor(s)
Contempt Petition filed under Section 11 of Contempt of Courts Act to punish the respondent as violated the order passed by this Court dated 29.01.2026 passed in CRP
No.250 of 2026.
For Petitioner(s):
Mr.R.Bhagawat Krishna, V.Johnson
For Contemnor(s):
Mr.R.Dhanush
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ORDER
The contempt petition has been filed alleging willful disobedience of the order of this Court directing the respondent to deliver vacant possession of the tenanted premises on or before 30.06.2026.
2. In compliance with the order of this Court, the respondent/revision petitioner has also filed an affidavit of undertaking that he would vacate and hand over vacant possession on or before 30.06.2026. Despite solemn undertaking given to this Court on the strength of the liberty given to the respondent/revision petitioner to continue to occupy the tenanted premises upto 30.06.2026, admittedly, the respondent/revision petitioner has not vacated and handed over vacant possession in compliance of the order passed in the revision in CRP No.250 of 2026.
3. Today, after initiation of contempt proceedings, learned counsel for the respondent/revision petitioner states that the respondent/revision petitioner is a chronic diabetic and despite his ill-health, he has been able to identify an alternate accommodation and he would be vacating shortly. He would also state that an application has also been filed seeking extension of time for vacating and handing over vacant possession.
4. The conduct of the respondent/revision petitioner cannot be accepted for the simple reason that the extension application has been filed only after the receipt of notice in the contempt petition. The ill-health now alleged by the respondent/revision petitioner is not a subsequent circumstance which has sprung overnight and hence the said reason is also unacceptable and cannot be countenanced. However, considering that the respondent/revision petitioner is now willing to comply with the order of this Court, by peacefully vacating and handing over vacant possession, I am not inclined to punish the respondent. However, at the same time, the prejudice caused to the petitioners on whom rights have come to be vested, in and by the order in the revision, I am inclined to pass the following order:-
a) The respondent/revision petitioner shall forgo the advance of Rs.1,00,000/-(Rupees One Lakh Only) which was directed to be refunded by the petitioners across the respondent/revision petitioner vacating and handing over vacant possession on or before 30.06.2026.
P.B.BALAJI.,J sr
b) The respondent/revision petitioner shall vacate by end of September 2026 i.e., 30.09.2026 without fail.
c) It is open to the petitioners to make a mention in the event of there being disobedience of the order and revive the contempt. With the above directions, the contempt petition is closed. 13.08.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order