R.Gopal v. Sandeep Rai Rathore Ips And 5 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN R.Gopalan .. Petitioner /Vs/ 1.Mr.Sandeep Rai Rathore, IPS The Commissioner of Police, Chennai City Police, Vepery, Chennai - 600 007.

2. Dr.Deepak Siwach, IPS The Deputy Commissioner of Police, St.Thomas Mount, Chennai - 600 016.

3. Mr.R.Frank. D.Ruban The Assistant Commissioner of Police, Madipakkam, Chenna - 600 091.

4. Mr.K.S.Saravanan, The Inspector of Police, Madipakkam Police Station, Chennai - 600 007.

5. Mrs.Marryrani The Inspector of Police, Central Crime Branch -I, Chennai - 600 091.

6. Vivekananda Subramania Nathan .. Respondents 1/5

PRAYER: Contempt Petition filed under Section 11 of Contempt of Courts Act, to punish the respondents for willful disobedience of the order made in W.P.No.28193 of 2023 dated 27.09.2023 For Petitioner : M/s.P.Palayniyandy For R1 to R5 : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl. Side) For R6 : Mr.G.Mutharasu ---------

O R D E R

Alleging that, 6th respondent, who is the private party in connivance with 4th respondent/ Inspector of Madipaakam has defied the order of this Court in W.P.No.28193 dated 27.09.2023, the present contempt petition is filed as against the Commissioner of Police, Deputy Commissioner of Police, Assistant Commissioner of Police, Inspector of Police, Madipaakam, Inspector of Police, CCB-I and the private respondent Vivekananda Subramaniya Nathan.

2. The order which is alleged to have been violated reads as below:

Notice to 6th respondent returnable by 18.10.2023. Private 2/5

notice permitted. There can be a direction to maintain status quo as on date in this case pending disposal of the criminal original petition.

3. This petition came up for consideration yesterday ie., on 28.11.2023 and this Court after considering the material placed before the Court had dismissed the original petition taking note of pendency of civil suit. As far as the interim order of status quo was passed, it is stated that after the status quo order was passed, there is no construction activity in the premises. Meanwhile, the 6th respondent approached the Civil Court seeking injunction and the matter is pending.

4. In view of the above fact, this Court finds no ground to initiate any contempt proceedings against the respondents and hence the contempt petition is closed.

29.11.2023 Speaking order/Non speaking order Index : Yes sma To 3/5

1.Mr.Sandeep Rai Rathore, IPS The Commissioner of Police, Chennai City Police, Vepery, Chennai - 600 007.

2. Dr.Deepak Siwach, IPS The Deputy Commissioner of Police, St.Thomas Mount, Chennai - 600 016.

3. Mr.R.Frank. D.Ruban The Assistant Commissioner of Police, Madipakkam, Chenna - 600 091.

4. Mr.K.S.Saravanan, The Inspector of Police, Madipakkam Police Station, Chennai - 600 007.

5. Mrs.Marryrani The Inspector of Police, Central Crime Branch -I, Chennai - 600 091.

6. The Public Prosecutor, Madras High Court.

4/5

Dr.G.JAYACHANDRAN,J.

Sma 29.11.2023 5/5