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Madras High CourtCONT P/1294/2021closed

Hema Jwaalini v. C. Charles

2021-11-16Honourable Mr Justice N. Anand Venkatesh5 pages

1 Cont.P.No.1294 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.11.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Cont.P.No.1294 of 2021 of W.P.3693 of 2019 Hema Jwaalini Director Willows Spa Private Limited No.

88 Karpagam Avenue Raja Annamalaipuram Chennai - 600 028.

... Petitioner Vs.

C. Charles Inspector of Police S-11 Tambaram Police Station Muthulingam Street New Market Tambaram West Chennai - 600 045.

... Respondent Prayer: Contempt petition filed under Section 11 of the Contempt of Court Act to punish the respondent herein for his wilful and deliberate disobedience of the order passed by this Hon`ble court on 15.03.2021 in W.P.No.3693 of 2021.

For Petitioner : M/S. V.B.R.Menon For Respondents : Mr. V.J.Priyadarsana Government Advocate

O R D E R

This Contempt petition has been filed seeking to punish the respondents for their willful disobedience of the order dated 15.03.2021 in W.P.No.3693 of 2021.

2 Cont.P.No.1294 of 2021 2.

Pursuant to the orders passed by this Court on 26.10.2021, both the Inspector and Sub-Inspector have filed individual affidavits before this Court. The relevant portion in the Affidavit filed by the Sub-Inspector are extracted hereunder:

6. I humbly submit that no one in the SPA has showed me the order dated15.03.2021 made in WP.No.3693 of 2021 on the file of this Hon'ble Court. Therefore, only after the notice of the Contempt Petition, I came to know about the order of this Hon'ble Court. I humbly submit that after reading the order of this Hon'ble Court, I realized my mistake of entering into the SPA without any Specific Complaint. I, also now understood that if the business of the SPA is being conducted without obtaining the trade license, then the cognizance can only be taken by the Tambaram Minicipality.

7. I humbly submit that I have great respect and regard for the orders passed by this Hon'ble Court. I humbly submit that I have not willfully or deliberately disobeyed the interim Order dated 15.03.2021 passed by this Hon'ble

3 Cont.P.No.1294 of 2021 Court in W.P.No.3693 of 2021. I humbly submit that I hereby tender my unconditional apology to this Hon'ble Court and I undertake that the order of this Hon'ble Court will be strictly complied with, hereafter in letter and spirit.

3.

The relevant portions in the affidavit of Inspector of Police are extracted hereunder:-

6. i humbly submit that I understood that no one in the SPA has showed the order dated 15.03.2021 made in WP.No.3693 of 2021 on the file of this Hon'ble Court to the Sub-Inspector of Police Mr.P.Karthikeyan. Thereafter, only after the notice of the Contempt Petition, I came to know about the order of this Hon'ble Court. I humbly submit that after reading the order of this Hon'ble Court, I realized my mistake of entering in to the SPA without any Specific Complaint. I, also now understood that if the business of the SPA is being conducted without obtining the trade license, then the cognizance can only be taken by the Tambaram Minicipality. I hubly submit that after reading the order

4 Cont.P.No.1294 of 2021 of this Hon'ble Court, I have given necessary instructions to the Police Persons in our station, who are under my control to understand and follow the order of this Hon'ble Court in letter and spirit.

7. I humbly submit that I have great respect and regards for the orders passed by this Hon'ble Court. I humbly submit that I have not willfully or deliberately disobeyed the interim Order dated 15.03.2021 passed by this Hon'ble Court in W.P.No. 3693 of 2021. I humbly submit that I hereby tender my unconditional apology to this Hon'ble Court and I undertake that the order of this Hon'ble Court will be strictly complied with, hereafter in letter and spirit.

4.

Both the police officers were present before the Court and they tendered their unconditional apology and gave an assurance to this Court that this mistake will not be repeated and if at all any action has to be taken, the same will be done as per the procedure prescribed by this Court and the relevant enactment.

5 Cont.P.No.1294 of 2021 5.

Recording the same, this Contempt Petition is closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) sha/rka //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/24/01/2022 To The Inspector of Police, S-11, Tambaram Police Station, Muthulingam Street, New Market Tambaram West, Chennai - 600 045.