M.Ramasamy v. T.C.Kailasam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.11.2020
CORAM
THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH and Sub Appl. No.529 of 2019 M.RAMASAMY
...Petitioner in Contempt Petition/
Sub Application Vs T.C.KAILASAM INSPECTOR OF POLICE, LAW AND ORDER, ERUMAIPATTI POLICE STATION, ERUMAIPATTI, NAMAKKAL DISTRICT.
...1st Respondent in Contempt Petition/ Sub Application MR.ARULALAN, BLOCK DEVELOPMENT OFFICER, ERUMAIPATTI, NAMAKKKAL DISTRICT.
...Proposed 2nd Respondent in Sub Application Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents herein for having disobeyed and violated the order of this Honourable Court by failing to implement the
order dated 06.12.2018 passed in Crl.O.P.No.880 of 2018. Sub Application filed under Section 151 CPC to implead the proposed Respondent in the above Contempt Petition No.471 of 2019. For Petitioner : Mr.A.Damodaran For Respondent : Mr.Charles Government Advocate (Crl. Side)
O R D E R
This contempt petition has been filed alleging that the respondent police did not comply with the directions issued by this Court on 06.12.2018. A careful reading of the order shows that the role of the respondent police will come into play only if there is any resistance in drawing the water and at that time, this Court had directed the police to take appropriate action. A reading of the affidavit filed in support of the contempt petition does not contain any allegation as to who disrupted the drawal of water and as to whether any complaint was given in that regard. Only during the course of arguments, the learned counsel submitted that the second respondent in the Crl.O.P was causing disruption.
2. In the absence of any specific allegations made in the affidavit and without any supporting materials, this Court cannot take any action by initiating contempt proceedings against the respondent police.
3. In view of the above, this Contempt Petition is closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) rli //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.
SMI/30/12/2020 To
1. The Inspector of Police, Law and Order, Erumaipatti Police Station, Erumaipatti, Namakkal District.
2. The Government Advocate(Crl. Side), High Court Campus, Madras.