Madras High CourtCONT P(MD)/1045/2021closed

L.Sathiyamoorthy, v. Charles,

2021-11-25Honourable Mr Justice G.R.Swaminathan2 pages

1 CONT.P.(MD)NO.1045 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CONT.P.(MD)No.1045 of 2021 in CRL.O.P.(MD)No.1559 of 2021 L.Sathiyamoorthy ... Petitioner / Petitioner Vs.

Charles, Inspector of Police, Keezhavalavu police station, Melur, Madurai District, Madurai.

... Contemnor / 3rd Respondent Prayer: Contempt petition is filed under Section 11 of the Contempt of Courts Act 1971, to punish the contemnor / third respondent for the contempt of Court committed by them by their willful disobedience to the order dated 05.02.2021 of this Court in Crl.O.P. (MD)No.1559 of 2021 on the file of the respondent. Prayer in CRL OP(MD). 1559 of 2021 :

Criminal Original Petition filed under Section 482 of Cr.P.C to grant appropriate and due police protection to the petitioner`s PROPERTY in Survey number(s) 630-2A4, 632-II, 632-1B, 632-1H (Kongampatti Village, Melur Vattam, Madurai District) for the purpose of putting up fence throughout the boundaries of the land in the above mentioned survey numbers based upon the representations dated 01/12/2020,15/12/2020,15/12/2020 and 17/12/2020. For Petitioner : Mr.E.Somasundaram For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor.

O R D E R

Heard the learned counsel on either side.

2. Contending that the order passed in Crl.O.P.(MD) No.1559 of 2021, dated 05.02.2021 has not been complied with, this contempt petition came to be filed.

3. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the enquiry was conducted and closed.

https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 CONT.P.(MD)NO.1045 OF 2021

4. A copy of the closure report shall be served on the petitioner's counsel. It is always open to the petitioner herein to move the jurisdictional civil Court seeking the relief of injunction. As and when the civil suit is filed, if the petitioner takes out any interim application, the same shall be disposed of on merits and in accordance with law within a period of six weeks after service on the defendants therein.

5. This contempt petition is closed with the aforesaid direction.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.Charles, Inspector of Police, Keezhavalavu police station, Melur, Madurai District, Madurai.

+1 CC to M/s.E. SOMASUNDARAM, Advocate ( SR-36119[F] dated 26/11/2021 ) CONT.P.(MD)No.1045 of 2021 in CRL.O.P.(MD)No.1559 of 2021 25.11.2021 MGJ(09.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/4