Madras High CourtCONT P(MD)/1212/2023closed

Samuel v. Thiru.K.Phanindra Reddy I.P.S

2023-08-04Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR in W.P.(MD).No.27274 of 2022 Samuel .. Petitioner / Petitioner Vs.

K.Phanindra Reddy I.P.S, The Principal Secretary, Home (Prison) Department, Fort St.George, Chennai - 600 009.

.. Contemnor/Respondent No.1 PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court Act, to initiate contempt proceedings against the Contemnor/Respondent No.1 for his willful disobedience of the order of this Court in W.P.(MD).No.27274 of 2022 dated 02.12.2022 and punish him under the Contempt of Court Act.

For Petitioner : Mr.R.Alagumani For Respondent : Mr.A.Thiruvadikumar, Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The order of the co-ordinate Bench of this Court passed in W.P. (MD).No.27274 of 2022 dated 02.12.2022 was a direction to the first respondent to consider the petitioner's representation dated 24.11.2022 within a period of six weeks. Stating that the order has not been complied with, the present Contempt Petition has been filed.

2. Today, when the matter was called, the learned Additional Public Prosecutor appearing for the respondent, produced a copy of G.O(D)No.644 Home (Prison-IV) Department, dated 07.06.2023, whereby, the petitioner's representation was considered in accordance with the directions given in W.P.(MD).No.27274 of 2022 and rejected.

3. As such, the disobedience alleged cannot be termed to be willful in nature. If the petitioner is aggrieved against the order of rejection and intends to challenge the same, liberty is hereby granted to him to workout his remedies in accordance with law. Accordingly, the Contempt Petition stands closed.

(M.S.R.,J.) (M.N.K.,J.) 04.08.2023 NCC : Yes / No Index : Yes / No Lm To 1.The Principal Secretary, Home (Prison) Department, Fort St.George, Chennai - 600 009.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

M.S.RAMESH,J.

and M.NIRMAL KUMAR,J.

Lm in W.P.(MD).No.27274 of 2022 04.08.2023