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Madras High CourtCONT P/217/2025closed

S. Ambigapathi v. R.Viajayakumar

2025-06-19Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2025

CORAM

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN S.Ambigapathi .. Petitioner /Versus/ Mr.R.Viajayakumar, The Inspector of Police (L & O), C-1, Rural Police Station, Thiruvannamalai Rural, Thiruvannamalai.

.. Respondent PRAYER: Contempt Petition filed under Section 11 of Contempt of Courts Act, pleased to punish the respondent in accordance with law for willful disobedience and non compliance of the order in W.P.No.14425 of 2024 dated 26.07.2024.

For Petitioner : Mr.S.Ambigapathi (Party in Person) For Respondent : Mr.S.Balaji Government Advocate (Crl.Side)

O R D E R

This Court, having earlier heard the petitioner, directed the police to provide protection to enable the petitioner to put up a compound wall as per the Court decree. The petitioner has now filed the 1/4

contempt petition alleging that the police have not provided any such protection.

2.

The affidavit filed by the respondent states that the police went to the spot to provide protection to the petitioner for putting up the compound wall. However, there was a discrepancy regarding the boundary and it was brought to the notice of the contemnor that the patta issued in favour of the petitioner had been cancelled. Hence, the order of this Court directing the police to provide police protection could not be complied.

3.

The party-in-person submitted that the cancellation of patta is now the subject matter of challenge in W.P.No.15032 of 2025, which is pending before this Court.

4.

This Court is of the view that, since there is a boundary dispute and the patta previously enjoyed by the petitioner now been cancelled and is now under challenge in the said writ petition, there is no fault or willful disobedience on the part of the respondent. Hence, this Contempt Petition stands closed.

5.

The petitioner is at liberty to work out his remedy after the disposal of the writ petition, based on the outcome regarding the 2/4

validity of the patta and the boundaries of the property. 19.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rpl To 1.Mr.R.Viajayakumar, The Inspector of Police (L & O), C-1, Rural Police Station, Thiruvannamalai Rural, Thiruvannamalai.

2.The Public Prosecutor, High Court of Madras, Chennai G.JAYACHANDRAN , J.

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