Dr.A.Suresh Kumar v. Dr.J.Radhakrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-10-2015

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN Contempt Petition No.2402 of 2015 Dr.A.Suresh Kumar .. Petitioner.

Versus

1. Dr.J.Radhakrishnan The State of Tamilnadu Rep. by its Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai-9.

2. Mr.T.K.Kumaran The Inspector of Police, Cheyyur Police Station, Cheyyur, Kancheepuram District.

3. Mr.Murali Krishnan, The Joint Director of Medical Services, Kancheepuram.

4. Mr.Krishnamoorthy, The Sub Inspector of Police, G-10, Anaicut Police Station, Pavanjur, Cheyyur Taluk, Kancheepuram District.

.. Respondents.

Prayer:

Petition filed under Section 11 of the Contempt of Courts Act, 70/71 to punish the respondents for having committed contempt of Court for disobeying the order, dated 23.4.2012, made in M.P.No.1 of 2012 in W.P.No.4473 of 2012. For Petitioner : Mr.G.Muthukrishnan For Respondents : Mr.P.Chinnadurai Government Advocate

O R D E R

Heard the learned counsels appearing on behalf of the parties concerned.

2. This Contempt Petition has been filed by the petitioner, praying that this Court may be pleased to punish the respondents for contempt, for willful disobedience of the order, dated 23.4.2012, made in M.P.No.1 of 2012, in W.P.No.4473 of 2012.

3. The learned counsel appearing for the petitioner had submitted that the respondents are acting in the manner, contrary to the order passed by this Court, dated 23.4.2012. Thus they have committed contempt of court and they are liable to be punished, in accordance with the provisions of the Contempt of Courts Act, 1971.

4. In the counter affidavit filed by the fourth respondent, it has been submitted that a First Information Report has been filed against the petitioner, in Crime No.178 of 2015, in G-10, Anaikattu Police Station, under Sections 417 and 420 of the Indian Penal Code, 1860, and under Sections 15(2) and 15(3) of the Indian Medical Council Act, 1956, by the third respondent. It has been further submitted that the subject matter is under investigation. While so, the petitioner has preferred the present Contempt Petition before this court, to punish the respondents for having disobeyed the order of this court, dated 23.4.2012. It has also been stated that the

respondents have not disobeyed the order of this court, dated 23.4.2012, made in M.P.No.1 of 2012, in W.P.No.4473 of 2012.

5. In view of the submissions made by the learned counsels appearing for the parties concerned, this court is of the view that the allegations made by the petitioner against the respondents, in the affidavit filed in support of the Contempt Petition, have not been made out. Hence, the Contempt Petition stands closed.

Csh SD/- DEPUTY REGISTRAR(CLAA) //Certified to be true copy// Dated at Madras this the day of 2015. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SS/CO/17/12/2015 One CC to The Government Pleader, Sr.No.13792 To

1. The State of Tamilnadu Rep. by its Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai-9.

2. The Inspector of Police, Cheyyur Police Station, Cheyyur, Kancheepuram District.

3. The Joint Director of Medical Services, Kancheepuram.

4. The Sub Inspector of Police, G-10, Anaicut Police Station, Pavanjur, Cheyyur Taluk, Kancheepuram District.