S.Datchinamoorthy v. K.Phanindra Reddy,Ias And 3 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN S.Datchinamoorthy ...

Petitioner Vs.

1.K.Phanindra Reddy, IAS, The Home Secretary, Secretary to the Government of Tamil Nadu, St.George Fort, Chennai - 600 009.

2.Mr.Shankar Jiwal, IPS, The Director General of Police, No.1, Kamarajar Salai, Mylapore, Chennai - 600 004.

3.Mr.Ziaul Haque, IPS, The Deputy Inspector General of Police, Villupuram.

4.Mr.G.Shashank Sai, IPS, The Superintendent of Police, Villupuram.

...

Respondents

PRAYER: Contempt petition filed under Section 11 of Contempt of Court Act, 1971, to punish the respondents for the violation of this Court's order dated 22.02.2023, passed in W.P.No.4926 of 2023. For Petitioner : Mr.Venkateshwaran for M/s. Annamma For Respondents : Mr.S.Rajakumar Additional Public Prosecutor

O R D E R

This petition is filed to punish the respondents for the violation of this Court's order dated 22.02.2023, passed in W.P.No.4926 of 2023. 2.This Court, on 22.02.2023, passed the following order in W.P.No.4926 of 2023:

3. Considered the rival submissions and perused the records and it is seen from the representations of the petitioner dated 30.06.2022 and 10.01.2023 and the submissions of the learned counsel appearing for the parties, it is seen that, false cases are registered against the petitioner and his name was included in the History Sheeter

list. Even after, his name was removed from the History Sheeters List, it is claimed that Arul Selvam/4th respondent continues to give harassment to the petitioner.

4. In the light of the submission of the learned counsel for the petitioner, this Court directs the respondents to conduct proper enquiry on the representations given by the petitioner and pass appropriate orders in the manner known to law, within a period of four weeks from the date of receipt of copy of the order.

3.It is the submission of the learned counsel for the petitioner that despite the direction to conduct proper enquiry on the representations given by the petitioner, no enquiry was conducted and no order was passed. 4.In response, the learned Additional Public Prosecutor submitted that petitioner's representations dated 30.06.2022 and 10.01.2023 had already been disposed. In fact, the representation dated 30.06.2022 was disposed even before this Court passed the order in W.P.No.4926 of 2023, dated

22.02.2023. As per the proceedings of the Deputy Superintendent of Police, Kottakuppam, Villupuram District, dated 13.08.2023, petitioner's representation dated 30.06.2022 was closed as mistake of fact, i.e., the allegations made in the representation are contrary to the truth. The representation dated 10.01.2023 was also disposed of on the similar lines. It was also stated in the proceedings of the Deputy Superintendent of Police, Kottakuppam, Villupuram District, dated 13.08.2023, that the petitioner's name was removed from the history sheeter list and thereafter, petitioner filed W.P.No.4926 of 2023 and the contemnor Arulselvan had been transferred from Kallakurichi to Chennai and he is presently working in Royapuram Police Station. Petitioner is giving repeated complaints against him and therefore, his representation could not be considered and kept in file (nfhh;it).

5.In view of the conduct of enquiry and closure of the representations dated 30.06.2022 and 10.01.2023, nothing survives for adjudication in this petition. Therefore, this petition is closed. It is open to the petitioner to

seek his remedy in the manner known to law.

Index : Yes/No 11.09.2023 Internet : Yes/No sli To:

1.K.Phanindra Reddy, IAS, The Home Secretary, Secretary to the Government of Tamil Nadu, St.George Fort, Chennai - 600 009.

2.Mr.Shankar Jiwal, IPS, The Director General of Police, No.1, Kamarajar Salai, Mylapore, Chennai - 600 004.

3.Mr.Ziaul Haque, IPS, The Deputy Inspector General of Police, Villupuram.

4.Mr.G.Shashank Sai, IPS, The Superintendent of Police, Villupuram.

5.The Public Prosecutor, High Court of Madras.

G.CHANDRASEKHARAN,J.

sli 11.09.2023