Madras High CourtCONT P/795/2019closed

M.S.Sivasubramanian v. G.Chandrasekaran

2019-06-07Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Cont.P.No.795 of 2019 M.S.Sivasubramanian ... Petitioner son of Mr.Senthilvel, No.16, Senthil Nagar, Anna Street, Thirumullaivoyal, Chennai-600 052.

/Vs/ Mr.G.Chandrasekaran

...Respondent

The Inspector of Police, T-10, Thirumullaivoyal Police Station, Chennai.

Prayer: Contempt Petition filed under section 11 of the Contempt of Courts Act, 1971, praying to punish the respondent for willful disobeying the orders of the High Court dated 15.03.2019 passed in Crl.O.P.No.6861 of 2019.

For Petitioner : Mr.V.Ramesh, Senior Counsel, For Mr.A.Selvendran For Respondent : Ms.M.Prabhavathi Additional Public Prosecutor * * * * *

O R D E R

This Contempt Petition has been filed by the petitioner seeking to punish the respondent for willful disobeying the orders of the High Court, dated 15.03.2019 passed in Crl.O.P.No.6861 of 2019.

2. The learned Additional Public Prosecutor appearing for the respondent is present and counter affidavit has also been filed and submitted that the respondent duly complied the order passed by this Court.

3. The learned counsel for the petitioner submitted that even after the order was passed by this Court, the encroachers again and again are disturbing the peaceful possession and enjoyment of the petitioner's property and as such, the petitioner has lodged a police complaint and a case has been registered by the respondent police. Even then, the said persons are similarly encroaching the property and disturbing the peaceful possession and enjoyment of the petitioner's property.

4. In view of the above submissions made by the learned Additional Public Prosecutor as well as the counter affidavit filed by the respondent, the contempt petition is closed.

However, the respondent police is directed to take appropriate direction as against the encroachers and if any complaint is lodged by the petitioner, the respondent police is directed to take appropriate action against the encroachers. SD/- ASSISTANT REGISTRAR(OS-II) //Certified to be true copy// MSM Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format. To The Public Prosecutor, High Court, Madras.