Madras High CourtCONT P/479/2025disposed of

K.Muthu v. V.Yuvarajan,

2025-04-09Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Contempt Petition No.479 of 2025 in WP.No.7983 of 2024 K.Muthu ..Petitioner ..Vs.

V.Yuvarajan The Inspector of Police Erumapatti Police Station Senthamangalam Taluk Tamakkal District 682013.

..Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent under the Contempt of Courts Act, 1971 for his willful disobedience of the directions/orders, dated 26.3.2024 passed by this Court in WP.No.7983 of 2024.

For Petitioner : Mr.Abudukumar Rajaratnam Senior Counsel for Mr.C.Raghavan For Respondent : Mr.V.Priyadarsana Government Advocate (Crl.Side)

ORDER

This Contempt Petition was filed on the ground that the order passed by this Court in WP.No.7983 of 2024 dated 26.03.2024, was not complied with. 2.When the matter was taken up for hearing today, the learned Senior Counsel appearing on behalf of the petitioner submitted that the petitioner inspite of getting favourable orders before the Civil Court and inspite of the fact that police direction was ordered in the execution proceedings, he is not permitted to use the pathway and the petitioner is not permitted to remove the fallen trees. 2.Per contra, the learned Government Advocate (Crl.Side) appearing on behalf of the respondent submitted that the petitioner was insisting for fencing the property and also to remove the standing trees. Therefore, no police protection was given to the petitioner.

3.In the considered view of this Court, the learned Senior Counsel for the petitioner has made it clear that the petitioner wants to use the property as a pathway and he wants to remove only the fallen trees. In the light of the specific stand taken by the petitioner and also considering the judgement passed by the Civil Court and the orders passed in the execution proceedings, there shall be a direction to the respondent police to provide police protection to the petitioner to ensure that the petitioner uses the pathway and also remove the fallen trees.

4.This contempt petition is disposed of with the above directions. 09.04.2025 Index: Yes/No Speaking Order/Non-Speaking Order KP To V.Yuvarajan The Inspector of Police Erumapatti Police Station Senthamangalam Taluk Tamakkal District 682013.

N. ANAND VENKATESH, J.

KP Contempt Petition No.479 of 2025 in WP.No.7983 of 2024

09.04.2025