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Madras High CourtCONT P/782/2018closed

P. Rajasekaran v. Mrs. Revathi

2018-03-23Honourable Mr Justice P. Kalaiyarasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2018

CORAM

THE HONOURABLE MR. JUSTICE P.KALAIYARASAN Cont.P.No.782 of 2018 P.Rajasekaran ... Petitioner vs.

1. Revathi Inspector of Police Central Crime Branch, Thousand Lights, Chennai - 6.

2. The XI Metropolitan Magistrate Saidapet, Chennai.

... Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents for having committed act of contempt by not complying the order, dated 25.11.2016 passed in Crl.O.P.No.5797 of 2010 by this Court.

For Petitioner : Mr.N.Sreenivasalu For Respondents: Mr.R.Ravichandran Govt. Advocate(Crl. side) for R1

ORDER

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

2. The petitioner / defacto-complainant has moved this Contempt Petition seeking to punish the respondents as they have not complied with the order of this Court dated 25.11.2016 passed in Crl.O.P.No.5797 of 2010.

3. This Court while dismissing the Crl.O.P.No.5797 of 2010 on 25.11.2016 directed the second respondent herein / trial Court to dispose of the C.C.No.10488 of 2008 within a period of six months from the date of receipt of a copy of the order.

4. The learned Government Advocate submits that the above C.C.No.10488 of 2008 being matter relating to land grabbing was transferred to the Special Court for Land Grabbing Cases No.II, Periamet, constituted to deal with the land grabbing cases and this Court stayed the functioning of the Special Court for land grabbing cases formed under the G.O. and the same is now before the Hon'ble Supreme Court and therefore the case could not be proceeded with as per the direction of this Court in the above order. He further represents that if the matter is transferred from the Special Court for Land Grabbing Cases No.II, Periamet to the original Court, namely XI Metropolitan Magistrate, Saidapet Court, Chennai, the case can be proceeded with.

5. Considering the submissions of the learned Government Advocate, this Court is of the view that no contempt has been committed by any of the respondents herein. The learned Government Advocate submits that C.C.No.10488 of 2008 mentioned in the order has been

transferred to the Special Court for Land Grabbing Cases No.II, Periamet, Chennai and re-numbered as C.C.No.75 of 2013.

6. The C.C.No.75 of 2013 pending before the Special Court for Land Grabbing Cases No.II, Periamet, Chennai is ordered to be transferred to XI Metropolitan Magistrate, Saidapet, Chennai and the XI Metropolitan Magistrate is directed to renumber the case and dispose it of expeditiously.

With the above directions, this Contempt Petition is closed.

SD/- ASSISTANT REGISTRAR (COMM.CASES) //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

CO/27/03/2018 To

1. The XI Metropolitan Magistrate Saidapet, Chennai.

2. The Special Court for Land Grabbing Cases No.II Periamet, Chennai.

one cc to Mr.N.Sreenivasalu, Advocate , Sr.No.4930