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Madras High CourtCONT P/1237/2021dismissed

Boobalu v. Velusamy

2022-04-21Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2022

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Contempt Petition No.1237 of 2021 Boobalu, 104, Neelithottam, Noochikuttai Post, Sathyamangalam Taluk, Erode District ... Petitioner vs.

1.Velusamy, Inspector of Police, Punjai-Puliyampatti Police Station, Punjai-Puliyampatti Post, Sathyamangalam Taluk, Erode District.

2.P.G.Sathish, S/o.N.K.Gopal, Palanisamy Mill, Agro Service, Punjai Puliyampatti Post & Village, Sathiyamangalam Taluk, Erode District.

... Respondents Prayer: Contempt Petition filed under Section 11 of Contempt of Courts Act to punish the respondents for their wilful, intentional disobedience of the order passed by this Court in W.P.No.11185 of 2021 dated 02.09.2021 and punish them in accordance with the law.

For Petitioner : Mr.D.Veerasekaran For Respondent-1 : Mr.A.Damodaran Additional Public Prosecutor Page No.1 of 4

O R D E R

The Contempt Petition has been filed seeking to punish the respondents for their wilful, intentional disobedience of the order passed by this Court in W.P.No.11185 of 2021 dated 02.09.2021.

2. Mr.A.Velusamy, Inspector of Police, Puliampatty Police Station, Erode District is present before this Court.

3. The petitioner, earlier filed W.P.No.11185 of 2021 seeking a direction to the Deputy Superintendent of Police and Inspector of Police, Sathyamangalam Taluk, Erode District to provide police protection to the petitioner and property bearing Survey Nos.268/5, 288/6 and 268/7 to an extent of 3.13 acres along with K.G.Thirumana Mandabam, Punjai Puliyampatti Village, Erode District. This Court, by order dated 02.09.2021, had passed the following order:

"This Court in the case of "Radhika Sri Hari and another Vs. The Commissioner of Police, Coimbatore City, Coimbatore reported in 2014(2) CTC 685" had given direction for police protection to the original owners of the property. In this case, since the petitioner is armed with the civil Court order, this Court directs the 3rd respondent Police to provide Police protection to the petitioner and his property in survey Nos.268/5, 268/6 and 268/7 to the extent of 3.13 acres along with K.G.Thirumana Mandabam, Punjai Puliyampatti Village, Erode Page No.2 of 4

District, unless any contrary order from the civil Court is produced by the 4th respondent"

4. Now, the present contempt petition has been filed stating that the order of this Court was sent by registered post with a request for police protection and thereafter no police protection has been provided. Further, the petitioner's specific allegation is that on 06.09.2021, when he went to the said Thirumana Mandabam, he was shocked to see that a grill gate of 50 feet has been erected in front of the Thirumana Mandabam. Hence this petition.

5. Learned Additional Public Prosecutor submitted that the grill gate has been installed earlier and it was not put up recently as contended by the petitioner. Further the photographs produced by the petitioner itself would show that the grill gate has been placed long before and it was not the recent one. He further produced the invitation card for the various functions held on 24.10.2021, 05.03.2022, 27.03.2022 and 10.04.2022 in the said Thirumana Mandabam. Further, a report has been filed by the Inspector of Police, Puliampatty Police Station stating about the various functions held in the said Thirumana Mandambam without any hindrance. It is also to be seen that the learned counsel for the petitioner had also attended one of the functions held on 24.10.2021 in the same Thirumana Mandambam.

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6. This Court accepts the report submitted by the Inspector of Police, Puliampatty Police Station, Erode District. This Court finds that there is no contempt committed and there is no reason to entertain this petition. Hence, the Contempt petition is dismissed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) rsi //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/09/06/2022 To

1. The Public Prosecutor, High Court, Madras

2. The Inspector of Police, Punjai-Puliyampatti Police Station, Punjai-Puliyampatti Post, Sathyamangalam Taluk, Erode District.

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