Muthukumar v. Panneerselvam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21.09.2023

CORAM:

THE HONOURABLE MR. JUSTICE P. DHANABAL in Crl.O.P(MD) No.13359 of 2019 Muthukumar

...Petitioner

Vs Panneerselvam Inspector of Police Pettavaithalai Police Station Pettavaithalai Trichy District

...Respondent

Prayer : This petition is filed under Section 11 of Contempt of Court Act to pass an order by punishing the contemnor/second respondent for his wilful disobedience of the order passed by this Court in Crl.O.P(MD) No. 13359 of 2019 dated 25.09.2019.

For Petitioner : Mr.P.Santhanakrishnan For Respondent : Mr.M.Sakthikumar Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed to punish the contemnor/second respondent for his wilful disobedience of the order passed by this Court in Crl.O.P(MD) No.13359 of 2019 dated 25.09.2019.

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2. According to the petitioner this Court passed order to give police protection to the petitioner for constructing house in his property. The petitioner is the owner of the property in Survey Old No.268/3 New No. 167/32 situated at S.Pudukottai, Pettavaithalai, Srirangam to an extent of 0.00.43sq.m. When the petitioner attempted to construct the house some private parties interfered and stopped the construction work and thereby he approached this Court seeking police protection. This Court vide order dated 25.09.2019 has passed the following order: "Considering the facts and circumstances of the case, without going into the merits of the case, the second respondent is directed to conduct enquiry on the complaint lodged by the petitioner, after completing all the proceedings pending before the Revenue Divisional Officer, Srirangam Taluk and pass orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order"

3. Therefore according to the said order after completing all the proceedings pending before the Revenue Divisional Officer, Srirangam Taluk the second respondent has to pass orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. Now this petition is filed stating that the contemnor has not obeyed the order of this Court. But as per the order of this Court after completion of enquiry by the revenue authorities the police have to take action within four weeks. Now the revenue officials have not completed 2/4

the enquiry and thereby the question of contempt will not arise and hence the petition stands dismissed. However the petitioner is at liberty to approach the revenue authorities for expeditious disposal of the above said pending proceedings.

21.09.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No aav To Panneerselvam Inspector of Police Pettavaithalai Police Station Pettavaithalai Trichy District 3/4

P. DHANABAL,J.

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