Ajay Francis Loyola, And 4 Others v. Mr. A.Arun I.P.S. And 5 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2025

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN

1. Ajay Francis Loyola

2. Prof. Dr. Vandana Zachariah

3. N.Sivanandasankar

4. M.Palaniappan

5. D.R.Shete ... Petitioners Vs.

1. A.Arun, I.P.S., Commissioner of Police, No.132, Commissioner Officer Building, KVK Sampath Road, Vepery, Periyamet, Chennai - 600 007.

2. Adiveerapandiyan Deputy Commissioner of Police, L & O, Poonamalle High Road, Kilpauk, Chennai - 600 010.

3. Durai Assistant Commissioner of Police, L & O, No.18, Police Quarter, Poonamallee High Road, Kilpauk,

4. G.Selvakumar,

Inspector of Police, K6, Kilpauk Police Station, Chennai.

5. Wesley Hudson, Principal of St. Georges Anglo Indian School and Orphanage, 738, EVR Road, New Bupathy Nagar, Shenoy Nagar, Chennai - 600 030.

6. K.Farida Banu, Zonal Officer, Division 103, Corporation of Chennai, No.4, Temple Street, Kilpauk, ... Respondents Prayer:- Contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondents herein of contempt of willfully disobeying the order of this Court dated 23.09.2022 made in W.P.No.16860 of 2022.

For Petitioners : Ms.Priya Annie Zachariah For Respondents For R1 to R4 : Mr.A.Gopinath Government Advocate (Crl. Side) For R5 : Mr.V.Prakash, Senior Counsel For Mr.Adrian D. Rozario

ORDER

This Contempt Petition has been filed to punish the respondent for non compliance of the order dated 23.09.2022, passed by this Court in W.P.No.16860 of 2022, thereby directed the fifth respondent to follow the directions issued by the third respondent and if the fifth respondent failed to follow the directions, the third respondent is at liberty to initiate proceedings under Section 133 of Cr.P.C.

2.

The learned counsel appearing for the petitioners submitted that the directions issued by this Court are not followed by the fifth respondent and they opened the gates for the usage of the political party meeting. 3.

On instructions, the learned Government Advocate (Crl. Side) appearing for the respondents 1 to 4 submitted that for one day the gate Nos. 4 & 5 were opened, only for the security purpose during the visit of the Chief Minister of Tamil Nadu. Thereafter, both the gates were kept as closed with lock and key. No general public were allowed to enter into the northern side of the gate.

4.

The learned counsel appearing for the fifth respondent also

submitted that only on the visitation of the Chief Minister of Tamil Nadu, the northern side gates were opened and thereafter both the gates were closed and kept under lock and key with barricade. Further, it was not opened for the usage of general public.

5.

Recording the above submissions, the Contempt Petition stands closed. If there is any violation by the fifth respondent, the petitioners are at liberty to lodge complaint before the fourth respondent and on receipt of the same, the fourth respondent is directed to take appropriate action as against the fifth respondent in accordance with law.

23.04.2025 Index : Yes/No : Yes/No Speaking/Non Speaking order rts To

1. The Commissioner of Police, No.132, Commissioner Officer Building, KVK Sampath Road, Vepery, Periyamet, Chennai - 600 007.

2. The Deputy Commissioner of Police, L & O, Poonamalle High Road, Kilpauk, Chennai - 600 010.

3. The Assistant Commissioner of Police, L & O, No.18, Police Quarter, Poonamallee High Road, Kilpauk,

4. The Inspector of Police, K6, Kilpauk Police Station, Chennai.

5. The Principal of St. Georges Anglo Indian School and Orphanage, 738, EVR Road, New Bupathy Nagar, Shenoy Nagar, Chennai - 600 030.

6. The Zonal Officer, Division 103, Corporation of Chennai, No.4, Temple Street, Kilpauk,

7. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

rts 23.04.2025