S.Vijayakumar v. Sakthi Ganesan Ips

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2023

CORAM

THE HON'BLE MR.JUSTICE M. NIRMAL KUMAR S.Vijayakumar ...

Petitioner -Vs1.Sakthi Ganesan, I.P.S., The Superintendent of Police, Cuddalore District, Cuddalore.

2.Karigal Pari Shankar, The Deputy Superintendent of Police, Cuddalore District, Cuddalore.

3.Kavitha, The Inspector of Police, Thiruppapuliyur Police Station, Cuddalore.

...

Respondents Prayer : Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish respondents 1 to 3 for willfully disobeying the order of this Court dated 04.01.2022 in W.P.No.28194 of 2022. For Petitioner :

Mr.J.Chandran Sundar Sashikumar for Ms.Mythili Srinivas For Respondents :

Mr.S.Vinoth Kumar Government Advocate (Crl. Side)

O R D E R

The contempt petition has been filed for non-compliance of the order passed by this Court in W.P.No.28194 of 2021 dated 04.01.2022.

2. The petitioner earlier moved W.P.No.28194 of 2021 for non consideration of his representation dated 23.10.2021 seeking a direction to the respondents therein to remove the petitioner's name from the History Sheet maintained by the Inspector of Police, Thiruppapuliyur Police Station in H.S.No.430 of 2016. This Court, by order dated 04.01.2022, directed the respondents therein to consider the representation of the petitioner dated 23.10.2021 on its own merits and in accordance with law. Thereafter, no action has been taken. Hence, the petitioner sent a pre-contempt notice to the respondent police on 29.08.2022 reminding them to comply with the direction of this Court as well as to pass orders on the petitioner's representation dated 23.10.2021. Even thereafter no action has been taken, hence, the present contempt petition is filed.

3. Today, Ms.P.Kavitha, Inspector of Police, Thiruppapuliyur Police Station, Cuddalore appeared on behalf of the respondent police. Learned Government Advocate (Crl. Side) on instructions submitted that the petitioner

is continuously indulging in rowdyism activities. Hence, retaining his name in the history sheet is necessary and very much required. The Deputy Superintendent of Police, Cuddalore in his proceedings No.03/SDOB/CUD/2023 dated 06.01.2023 found that to maintain law and order and for the public peace, the petitioner's name to be retained in the history sheet of the rowdy list. A copy of the proceedings is also produced.

4. As the direction of this Court is only to consider the petitioner's representation dated 23.10.2021, now it is seen that his representation has been considered and orders have been passed. Hence, this Court finds that there is no contempt committed by the respondents. It is for the petitioner to challenge the said order in the manner known to law, if he feels so aggrieved.

5. With the above observations, this contempt petition is closed. 17.03.2023 Index : Yes/No Internet : Yes/No rsi

M. NIRMAL KUMAR, J.

rsi 17.03.2023