K.Kathiravan, v. R.Rajaram, I.P.S., And Another
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.02.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Sub Application (OS) Nos.1301 & 1302 of 2024 K.Kathiravan S/o.Krishnamoorthy ... Petitioner Vs.
1.Mr.R.Rajaram I.P.S, Superintendent of Police, District Police Office, Cuddalore District.
2. Mr.R.Sivaraman, Sub-Inspector of Police, Karuveppilankurichi Police Station, Vridhachalam, Cuddalore District.
... Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for their willful and flagrant violation of the order dated 20.02.2024 in W.P.No.4110 of 2024. For Petitioner : Mr.C.Prabakaran For Respondents : Mr.V.J.Priyadarsana Government Advocate (Crl.side) *****
O R D E R
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This contempt petition has been filed mainly on the ground that the order passed in the writ petition has been violated by the respondent police and indirectly, the respondent police is helping the rival parties to interfere with the possession and enjoyment of the property.
2. When the matter was taken up for hearing, the affidavit of the Inspector of Police was filed before this Court. The relevant portions are extracted hereunder:
"4) It is respectfully submitted that after receiving the order in W.P.No.4110 of 2024, dated 20.02.2024. The respondent police did not interfere in any matter.
5) It is respectfully submitted that in the mean time, on 25.08.2024, the respondent police received an intimation from the Government Hospital, Vridhachalam. After received the intimation, the respondent police went to the Hospital and recorded the statement of one Tr.Nadana Sababathi in which he stating that the petitioner/Kathiravan along with 3 others assaulted him and his wife namely Tmt.Pulamai Selvi, Motherin Law namely Gnanjothi in the land and attacked him, caused injuries and threatened him with dire consequences. From 26.08.2024 to 06.09.2024 the complainant admitted in the Hospital and discharged on 06.09.2024.
6) It is respectfully submit that based on the complaint, Tr.Nadana Sababathi, a case was registered in Karuveppilankurichi Police Station, Crime No.213 of 2024, u/s.329(3), 296(b), 115(2), 118(1), 351(3) BNS, r/w.4 of TNPHW Act on 26.08.2024 at about 06.00 hours, by Tr.Siva Kumar, Special Sub Inspector of Police and submitted before Tr.Sivaraman, Sub Inspector of Police for investigation."
3. Learned Government Advocate [Crl.side] submitted that the police will not interfere into the private dispute and they will not interfere 2/4
with the possession and enjoyment of the property of the petitioner. However, there was yet another dispute, which has resulted in registration of a First Information Report in Crime No.213 of 2024 and the same is pending investigation.
4. In the considered view of this Court, the scope of the present contempt petition is confined only with the interference of the police into the private dispute and an attempt was made to dispossess the petitioner. The order passed in the writ petition and the stand that has now been taken by the respondent police makes it clear that the police will not interfere with the private dispute and will not interfere with the possession and enjoyment of the property. Insofar as the First Information Report that has been registered, the same cannot be gone into in this contempt petition and it is left open to the petitioner to work out his remedy in the manner known to law.
N.ANAND VENKATESH, J gm 3/4
Recording the affidavit filed by the respondent and the submission made by the learned Government Advocate, this contempt petition is closed. Consequently, the sub-applications are closed. 07.02.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm 4/4