P. Rajammal v. Mr.S. Prabhakaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.10.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR P.Rajammal ... Petitioner Vs Mr.S.Prabhakaran The Inspector of Police, Bhavani Sagar Police Station, Erode District - 638 451.

... Respondent Prayer:- Contempt Petition filed under Section 11 of the Contempt of Court Act to punish the respondents for deliberate and flagrant violation of the Order of this Court made in Crl.O.P.No.2257 of 2022 dated 14.06.2022.

For Petitioner : Mr.M.Roshan Atiq For Respondent : Mr.Subbiah, Government Advocate [Crl. Side] 1/4

ORDER

This Contempt Petition has been filed to punish the respondent for deliberate and flagrant violation of the Order of this Court made in Crl.O.P.No.2257 of 2022 dated 14.06.2022.

2. The main contention of the petitioner is that despite the complaint given by the petitioner, without issuing notice and conducting enquiry, the complaint given by the petitioner has been closed. Therefore, the present petition has been filed.

3. After hearing the submissions of the learned counsel for the petitioner, this Court is of the view that the petitioner is trying to attain which she cannot achieve in a legal course. Further, it is seen from the submissions of the learned counsel for the petitioner that the property has been auctioned in a mortgage loan. According to the petitioner, in the auction, the property was repurchased by her through some of her associates. In other words, it is a binami purchase. Thereafter, the so called purchaser has created an agreement and dealt with the property. The very submissions of the learned counsel for the petitioner indicate 2/4

that her remedy lies elsewhere and not by way of contempt petition. In such view of the matter, this contempt petition is nothing but abuse of process of law.

4. Accordingly, this contempt Petition is closed. 28.10.2022 vrc 3/4

N.SATHISH KUMAR, J.

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