V.Tamilvanan v. Sivaprasath

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN V.Tamilvanan ... Petitioner/Petitioner Vs.

1.Mr.Sivaprasath The Superintendent of Police, Madurai District, 2.Tmt.Sivasakthi, The Inspector of Police, Chekkanurani Police Station, Chekkanurani, Madurai District.

.. Contemnors/Respondents PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, to call the contemnors/respondents herein for having willfully and wantonly disobeyed the order passed by this Court in W.P.(MD).NO. 13064 of 2023, dated 06.06.2023 and punish the contemnors in accordance with law.

For Petitioner : Mr.K.Kannan For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor 1/5

O RDER This petition has been filed to punish the respondent/contempt for not complying the order passed by this Court in W.P.(MD).NO.13064 of 2023, dated 06.06.2023 .

2.By the order dated 06.06.2023, direction was issued to the respondent herein to summon the counter parties as well as the petitioner and dispose the above said complaint, within a period of fifteen days. The above said order was passed on 06.06.2023. Expressing the fact that there was gross violation on the part of respondent to comply the above said direction, this petition has been filed.

3.The respondent is present and submitted that enquiry was undertaken and during the course of enquiry, this petitioner given a statement that they will get the remedy in the pending suit itself. On that basis the above said complaint was closed.

4.The learned counsel for the petitioner would submit that he has not even called for any enquiry and the signature found in the above said document does not belong to him. But, perusal of enquiry file shows that he was called for enquiry and summon was received by his wife. Later he 2/5

appeared before the respondent and enquiry was adjourned to 14.07.2023. According to him, later he was not called for enquiry. But the present report has been submitted as if he appeared on 27.07.2023 and gave a statement that he will workout his remedy in the pending suit. Whatever may be, it has been stated that he has been assaulted. But, no document has been enclosed along with the original petition, when it was filed. 5.Let the above said enquiry be re-opened by the respondent. The petitioner is directed to produce the documents showing his injuries and if any injury is found, then the respondent is directed to proceed in accordance with law.

6.With the above said directions, this Contempt petition stands disposed of.

22.08.2023 Index : Yes/No Internet : Yes/No TM To 1.Mr.Sivaprasath The Superintendent of Police, Madurai District, 3/5

2.Tmt.Sivasakthi, The Inspector of Police, Chekkanurani Police Station, Chekkanurani, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 4/5

G.ILANGOVAN. J.

TM 22.08.2023 5/5