Madras High CourtCONT P/1212/2017closed

A.Chandrakumar v. The Deputy Inspector Of

2017-09-01Honourable Mr Justice R. Mahadevan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Contempt Petition No.1212 of 2017 A.Chandrakumar .. Petitioner Vs 1.The Deputy Inspector of General, Salem Range, Salem.

2.The Superintendent of Police, Namakkal District, Namakkal.

3.The Additional Superintendent of Police, Namakkal District, Namakkal.

4.The Deputy Superintendent of Police, Tiruchengode, Namakkal District.

5.The Inspector of Police, Kumarapalayam Police Station, Namakkal District.

.. Respondents PRAYER : Contempt Petition filed under Section 11 of the Contempt of Courts Act praying to punish the respondents for wilful disobedience of the order passed by this Court in Crl.O.P.No.7573 of 2017 dated 28.04.2017.

For Petitioner : Mr.N.Vijaya Basker For Respondents : Mr.R.Rajarathinam, PP

ORDER

This Contempt Petition has been filed by the petitioner alleging that the order of this Court dated 28.04.2017 passed in Crl.O.P.No.7573 of 2017 has been disobeyed by the respondents.

2. According to the petitioner, in spite of the order of this Court, there are some kind of harassment made by the Inspector of Police, Kumarapalayam Police Station, Namakkal District, who is the fifth respondent herein.

3. Learned counsel for the petitioner drew the attention of this Court to a communication addressed to the Executive Magistratecum-Revenue Tahsildar, Tiruchengode Sub Division, Namakkal District, by the Inspector of Police, Kumarapalayam Police station, Namakkal District, a copy of which is enclosed at page 13 of the typed set of papers filed along with this petition, wherein, the respondent police requested the Executive Magistrate to conduct appropriate enquiry with regard to the dispute relating to the property in Pymash No.35/5,

S.No.18, situated at Agraharam Village, Kumarapalayam Taluk, Namakkal District, as both the parties are exchanged enough number of complaints against each other. After elaborate arguments, learned counsel for the petitioner fairly submitted that if this Court grants permission, the petitioner would appear before the Executive Magistrate-cum-Revenue Tahsildar concerned and place his submission by producing all the relevant documents pertaining to the property in question.

4. Heard the learned Public Prosecutor appearing for the respondents, who has no objection in directing the petitioner to approach the authority concerned.

5. Considering the facts and circumstances of the case and also taking note of the submissions made by the learned counsel on either side, this Court, in order to give quietus to the issue involved, permits the petitioner to submit the relevant documents relating to the property in question to the Executive Magistrate-cum-Revenue Tahsildar, Tiruchengode Sub Division, Namakkal District. Accordingly, the Executive Magistrate-cum-Revenue Tahsildar concerned shall issue appropriate notice to the petitioner as well as the opposite parties

mentioned in the communication addressed by the Inspector of Police, Kumarapalayam Police Station, Namakkal District, viz., (i)C.Sukumar and (ii)R.Venkata Mukundan to have their presence and production of the relevant documents relating to the property in question, within a period of two weeks from the date of receipt of a copy of this order. On such appearance and upon production of the documents by the respective parties, the Executive Magistrate -cum- Revenue Tahsildar, Tiruchengode Sub Division, Namakkal District, shall consider the same and pass necessary orders within a period of three weeks thereafter.

6. With the above observations, this contempt petition stands closed.

01.09.2017 rk NOTE: The Registry shall communicate this order to the Executive Magistrate-cum-Revenue Tahsildar, Tiruchengode Sub Division, Namakkal District.

R.MAHADEVAN, J.

rk Contempt Petition No.1212 of 2017 01.09.2017