P.Yogapathy v. Amutha, Ias And 2 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA in W.P.No.7983 of 2014 P.Yogapathy ... Petitioner Vs.
1.Amutha, IAS, Home Secretary, Government of Tamil Nadu, Fort St.George, Chenani - 600 009.
2.Sankarjiwal, IPS., The Director General of Police, Mylapore, Chennai - 600 004.
3.Sandeep Rai Rathore, IPS., The Commissioner of Police, Chennai City, Chennai - 600 008.
... Respondents PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act to punish the Respondents for wilful disobedience of the order dated 25/03/2021 passed by this Hon'ble 1/6
Court in W.P.No.7983 of 2014.
For Petitioner : M/s.Anua Pathig for M/s.N.Edwin Jeyakumar For Respondents : Mr.P.Kumaresan, AAG VII, assisted by M/s.S.Anitha, SGP [R.1 to R.3]
ORDER
The contempt petition has been filed praying to punish the Respondents for wilful disobedience of the order dated 25/03/2021 passed by this Hon'ble Court in W.P.No.7983 of 2014.
2. On 26.11.2013, the petitioner's late husband had given a representation to the Director General of Police who has been arrayed as the 2nd respondent herein calling upon the 2nd respondent to settle his arrears and pension amount immediately. Since the said representation was not being disposed of, the petitioner's husband had filed W.P.No.7983 of 2014 before this Court. By an order dated 25.03.2021, this Court had passed the following orders:- 2/6
"4.Though reasons have been stated in the counter affidavit denying the claims made by the petitioner, till date, no order has been passed by the respondents to that extent. Hence, this Court directs the respondents to pass appropriate orders on merits, touching each and every aspect in the petitioner's representation dated 26.11.2013, within a period of eight weeks from the date of receipt of a copy of this order. With the above direction, this writ petition stands disposed of. No costs."
3. Pursuant to this order, there appears to be an order that has been passed on 23.08.2021 in and by which a working sheet showing amounts that were payable/recovered from the petitioner have been given by the 3rd respondent. Dissatisfied with the said order, the petitioner instead of filing a Writ Petition challenging the order has come forward with a contempt petition in which she would state that the order has not been complied in its letter and spirit. 3/6
4. The affidavit filed in support of the contempt petition does not give any details as to how the orders of this Court has been flouted. The order of this Court to the respondents was to consider the representation of the petitioner. The said representation has been considered and orders have been passed which may not be to the liking of the petitioner. If the petitioner is dissatisfied or aggrieved by the order the remedy available to the petitioner is only to challenge the said order in the manner know to law and not to file the above contempt petition. Therefore, the contempt petition is dismissed. However, this will not preclude the petitioner from challenging the same in the manner known to law. No costs.
29.07.2024 Index : Yes/No Internet : Yes/No shr To 4/6
1.Amutha, IAS, Home Secretary, Government of Tamil Nadu, Fort St.George, Chenani - 600 009.
2.Sankarjiwal, IPS., The Director General of Police, Mylapore, Chennai - 600 004.
3.Sandeep Rai Rathore, IPS., The Commissioner of Police, Chennai City, Chennai - 600 008.
5/6
P.T. ASHA, J, shr in W.P.No.7983 of 2014 29.07.2024 6/6