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Madras High CourtCONT P/133/2023closed

R.Jaisankar v. Thiru.Dr.C.Sylendra Babu Ips And Another

2023-02-03Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Cont.P.No.133 of 2023 R.Jaisankar ..Petitioner vs.

1.Thiru Dr.C.Sylendra Babu IPS The Director General of Police, Office of the Directorate General of Police, Santhome High Road, Chennai - 600 004.

2.Thiru Shankar Jiwal IPS, The Commissioner of Police, Greater Chennai Police, Vepery, Chennai, Chennai - 07.

.. Respondents Prayer: Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents for wilful disobedience of the order passed in W.P.No.1691 of 2022 dated 10.03.2022.

For Petitioner : Mr.P.Ganesan For Respondents : Mr.Stalin Abhimanyu Additional Government Pleader

O R D E R

1.

Mr.S.Radhakrishnan, Deputy Commissioner of Police, Head Quarters, Greater Chennai Police, is present before this Court. 2.

When the writ petition was disposed of by this Court by an order dated 10.03.2022, only a direction was issued to the respondents to consider the request made by the petitioner and to pass orders. No positive directions were issued by this Court.

3.

When the contempt petition was taken up for hearing, the learned counsel for the petitioner submitted that this contempt petition was filed on the ground that the respondents are adopting pick and choose method and the writ petitioner who is similarly placed in W.P.No.1684 of 2022 was given the relief and whereas, the relief was rejected insofar as the petitioner is concerned. 4.

In the considered view of this Court, to entertain a civil contempt, there must be willful disobedience of an order and contumacious conduct exhibited on the part of the contemnor. In this case, an order has been passed and that satisfies the direction given by this Court. If the petitioner is aggrieved by the same, the same can be challenged by way of filing a fresh writ petition

and the same cannot be challenged in this contempt petition. Except giving this liberty, no further orders can be passed in this contempt petition. 5.

In the result, this contempt petition is closed. 03.02.2023 Index : Yes/No : Yes/No ssr/ssm To 1.The Director General of Police, Office of the Directorate General of Police, Santhome High Road, Chennai - 600 004.

2.The Commissioner of Police, Greater Chennai Police, Vepery, Chennai, Chennai - 07.

N. ANAND VENKATESH, J.

ssm Cont.P.No.133 of 2023 03.02.2023