A Kumaran v. Paul Sudher

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON: 02.09.2015 DATE OF DECISION: 08.09.2015

CORAM

THE HONOURABLE MR. JUSTICE P.N. PRAKASH Contempt Petition No.426 of 2015 A.Kumaran Petitioner vs.

Mr. Paul Sudher Inspector of Police Killiyanur Police Station Vanur Taluk Villupuram District Mr. Kuppusamy Deputy Superintendent of Police Tindivanam Villupuram District Mr. Manoharan Superintendent of Police Villupuram District Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for committing contempt of Court by flouting and disobeying the order of this Court dated 11.08.2011 passed in Contempt Petition No.27 of 2011.

For Petitioner : Mr. M. Arumugam For Respondents : Mr.C.Emalias, A.P.P.

- - - - -

O R D E R

This contempt petition is filed on the ground that the order dated 11.08.2011 passed by this Court in Contempt Petition No.27 of 2011 has not been complied with by the respondents.

It appears that the petitioner lodged a complaint dated 15.07.2011 and 08.08.2011 and since no action was taken on the said complaints, he filed Crl.O.P.No. 21825 of 2011 for a direction to the respondent police to register an FIR on his complaint. When the matter came up for hearing, it was represented by the learned Additional Public Prosecutor that, the respondent had registered a case in Cr.No.382 of 2010 for offences under Sections 420, 460 and 120-B, IPC. Recording the same, this Court dismissed Crl.O.P.No.21825 of 2011 on 17.07.2012 as follows: "3.

In view of the above, question of issuing any direction to register another case does not arise. Hence, the criminal original petition is dismissed."

Prior to that, this petitioner filed Contempt Petition No.27 of 2011 for alleged disobedience of the order dated 01.10.2010 in Crl.O.P.No.21564 of 2010 and that was also closed by this Court on 11.08.2011 as follows:

"3.

However, considering the fact that the orders has already been complied with, there is no merit in this application for contempt. Hence, this contempt petition is closed. However, the petitioner is at liberty to give representation to the respondent for any other relief which he is entitled."

According to the petitioner, though the respondent police have registered a case in Cr.No.382 of 2010, they are not taking any further action to prevent the encroachers, viz., A.Sekar and Subramaniam from aggression. Therefore, for the alleged failure of the police to prevent further aggression, this second contempt application has been filed.

It is to be noted that a person can be punished under the Contempt of Courts Act, 1971, only if there has been wilful disobedience of an order passed by this Court. It is the petitioner's case that the alleged contemnor is disobeying and flouting the order dated 11.08.2011 passed by this Court in Cont.P.No.27 of 2011. This Court has extracted the operative portion of the order dated 11.08.2011 in Cont.P.No.27 of 2011, from which, it is clear that this Court has not issued any positive direction to the police to perform any act. Therefore, there is no question of the respondent police wilfully disobeying the order passed by this Court.

7.

Under such circumstances, the petition is not maintainable and is accordingly dismissed.

Gms 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.

KMV/CO/27/11/2015 One CC to Mr.M.Arumugam, Advocate in Sr.No.12440 One CC to Public Prosecutor, High Court, Chennai To The Inspector of Police Killiyanur Police Station Vanur Taluk Villupuram District The Deputy Superintendent of Police Tindivanam Villupuram District The Superintendent of Police Villupuram District