Madras High CourtCONT P(MD)/801/2020disposed of

M. Kennedy v. S.K. Prabahar

2025-07-23Honourable Mr.Justice Shamim Ahmed5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED M.Kennedy ... Petitioner vs.

S.K.Prabahar, IAS., Secretary, Home (Police -IVA) Department, Fort St.Geoge, Chennai.

... Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to initiate contempt proceedings against the contemnor/respondent and punish him for the wilful disobedience of the order of this Court in W.P(MD)No. 2272 of 2018, dated 28.02.2020.

For Petitioner :Mr.Ramanathan For Respondent :Mr.P.Thambidurai Government Advocate *****

O R D E R

This is a petition seeking initiation of contempt proceedings against the respondent for violation of the order, dated 28.02.2020, passed by this Court in W.P.(MD)No.2272 of 2018.

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2.Heard Mr.Ramanathan, learned Counsel for the petitioner and Mr.P.Thambi Durai, learned Government Advocate for the respondent. 3.The Co-ordinate Bench of this Court, vide order, dated 28.02.2020 in W.P.(MD)No.2272 of 2018, had passed the following order:- "7.For the reasons stated above, the impugned order passed by the first respondent herein in G.O.(D).No.70 Home (Police-IVA) Department, dated 12.01.2018, is quashed. Consequently, the first respondent herein is directed to reinstate the petitioner back into service, atleast within a period of four weeks, from the date of receipt of a copy of this order, along with all service and monetary benefits to which the petitioner may be entitled to, if the order of punishment of compulsory retirement had not been imposed on the petitioner." 4.

The learned Counsel for the petitioner submits that despite the judgment and order passed by this Court in W.P.(MD)No.2272 of 2018, dated 28.02.2020, the respondent has not complied with the directions of this Court and he had wilfully and deliberately flouting the orders passed by this Court, dated 28.02.2020. Thus, the learned Counsel submits that the respondent should be summoned and punished for committing contempt of Court by exercising the powers under Sections 11 and 12 of the Contempt of Courts Act, 1971. 5.Today, when the matter is taken up, Mr.P.Thambi Durai, learned Government Advocate, who accepted notice on behalf of the respondent, in compliance of the order passed by this Court, dated 28.02.2020, produced a compliance affidavit annexing the copy of orders, dated 02.07.2025, 11.07.

and 11.07.2025 passed by the Superintendent of Police, Tiruppur District. The orders passed by the Superintendent of Police, Tiruppur District, dated 02.07.2025, 11.07.2025 and 11.07.2025, are taken on record. A copy of the orders passed by the 02.07.2025, 11.07.2025 and 11.07.2025 has also been given to the learned Counsel for the petitioner. Thus, the learned Government Advocate submits that as the judgment and order passed by this Court has been fully complied with by the respondent, the respondent may be discharged from the present contempt proceedings and the present Contempt Petition may be disposed of.

6.Mr.Ramanathan, learned Counsel for the petitioner submits that he has also received the copy of the order passed by the Superintendent of Police, Tiruppur District, dated 02.07.2025, 11.07.2025 and 11.07.2025 and submits that the respondent has made complied with the judgment and order passed by this Court 28.02.2020 passed in W.P.(MD)No.2272 of 2018. Thus, he submits that he has no objection that the respondent may be discharged from the present contempt proceedings and the Contempt Petition may be disposed of . 7.After considering the arguments, as advanced by the learned Counsel for the parties and after perusal of the order passed by this Court in W.P.(MD)No. 2272 of 2018, dated 28.02.2020 and the orders passed by the Superintendent of Police, Tiruppur District, dated 02.07.2025, 11.07.2025 and 11.07.2025, this 3/5

Court is also satisfied that the respondent has made fully complied with the directions issued by this Court and no useful purpose will be served in continuing the present contempt proceedings any further. Accordingly, the respondent is discharged from the present contempt proceedings and the present Contempt Petition is disposed of. The file is consigned to record. No order as to costs. Index :Yes / No 23.07.2025 Internet :Yes / No NCC :Yes / No cmr To The Secretary, Home (Police -IVA) Department, Fort St.Geoge, Chennai.

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SHAMIM AHMED, J.

cmr 23.07.2025 5/5