Mrs. Jabapackiam v. Vimal And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Cont.Pet.No.3964 of 2024 Mrs.Jabapackiam ... Petitioner Vs.

1.Mr.Vimal The Inspector of Police (L & O), J-7, Velachery Police Station, Velachery, Chennai 600 042.

2.Varalakshmi Tahsildar, Velachery Taluk, Velachery, Chennai 42 ... Respondents PRAYER: Contempt Petition filed u/s.11 of the Contempt of Courts Act, 1971, praying to punish the respondents for committing of the order of this Court made in W.P.No.4258 of 2024 dated 21.02.2024. For Petitioner : Mr.S.Silambanan Senior Counsel for Mr.Banu Barveez For Respondents : Mr.V.J.Priyadarsana Government Advocate(Crl. Side) for R1 Mr.Vadivelu Deenadayalan Additional Government Pleader for R2 1/6

O R D E R

This Contempt Petition has been filed praying to punish the respondent for wilfully disobeying the orders passed in W.P.No.4258 of 2024 dated 21.02.2024.

2.When the matter was taken up for hearing today, the 1st respondent has filed a status report and the relevant portions are extracted hereunder:

6. 1 respectfully submit that after received the order in W.P.No.4258 of 2024 and W.M.P.No.4570 of 2024, dated 21.02.2024. On 07.02.2025, in compliance with the said order dated 21.02.2024, I have sent a requisition letter to the Thasildhar, Velachery to verify the land owner in Survey No.317/1, DTCP Approved Velachery Village, Plot No.84, 85, 86, 87 around 9600 Square Feet, because the petitioner Jabapackiam and counter petitioners are frequently involved in the quarrel as both parties claim the said property.

7. I respectfully submit that on 13.02.2025, the Thasildhar, Velachery given a reply letter in Na.Ka.No.A1/263/2024, dated 13.02.2025, stating that 2/6

conducted a verification about the land owner. After verification, it reveals that the land in Survey No.317/1, DTCP Approved Velachery Village, Plot No.84, 85, 86, 87 around 9600 Square Feet, does not belongs to Petitioner and Counter Petitioners.

8. I respectfully submit that now the petitioner filed this contempt petition to punish the respondents for committing contempt of the order of the Hon'ble High Court made in W.P.No.4258 of 2024, dated 21.02.2024.

9. I respectfully submit that based on the reply letter of Thasildhar, Velachery it clear that the land Survey No.317/1, DTCP Approved Velachery Village, Plot No.84, 85, 86, 87 around 9600 Square Feet is not belongs to petitioner and counter petitioners. The land is not registered in the name of both the petitioner and counter petitioners. Hence, the respondent police is not able to provide police protection to the petitioner.

3.The learned Senior Counsel appearing on behalf of the petitioner submitted that there was a specific direction given to the Tahsildar to conduct an enquiry by calling both the parties and whereas, no such enquiry was conducted by the Tahsildar and straight away the Tahsildar has come to a conclusion that the property does not belong to 3/6

the petitioner and also the counter petitioner. 4.The main relief that was sought for in the writ petition was provide for police protection. In the light of this decision taken by the Tahsildar to the effect that the property neither belongs to the petitioner nor to the counter petitioner, there is no further scope of enquiry in this matter in this contempt petition. It is left open to the petitioner to agitate the issue independently by questioning the decision taken by the Tahsildar in the manner known to law.

5.Accordingly, this contempt petition stands closed. 21.02.2025 Index: yes/no Speaking Order/Non-Speaking Order ssr To 1.The Inspector of Police (L & O), J-7, Velachery Police Station, Velachery, Chennai 600 042.

2.The Tahsildar, Velachery Taluk, Velachery, 4/6

Chennai 42 5/6

N.ANAND VENKATESH, J ssr Cont.Pet.No.3964 of 2024 21.02.2025 6/6