Madras High CourtCONT P(MD)/1480/2022disposed of

R.Gandhi v. Rajesh

2022-11-23Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN in Crl.O.P.(MD)No.1117 of 2022 R.Gandhi ... Petitioner Vs.

1.Dongra Pravin Umesh, Superintendent of Police, Theni District, Theni.

(R1 is deleted vide order dated 26.10.2022 in Cont.P.(MD)No.1480 of 2022 by GRSJ) 2.Rajesh, Inspector of Police, Palanichettipatti Police Station, Theni District.

... Respondents PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent/contemnor for his willful and deliberate disobedience of the order of this Court made in Crl.O.P.(MD).No.1117 of 2022 dated 24-01-2022.

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For Petitioner : Mr.R.Murugan For Respondent : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side).

ORDER

Heard the learned counsel on either side.

2.The contemnor is present in person.

3.The petitioner alleges that the order passed by this Court has been breached. The learned Government Advocate (Crl. Side) on the other hand informs the Court that only at the instance of the petitioner and the counter petitioner, two FIRs have been registered and they have stuck to due process. The Inspector of Police, Palanichettipatti Police Station assures the Court that they will not interfere in the civil dispute. It is stated by the petitioner's counsel that O.S.No.160 of 2018 on the file of the Sub Court, Theni was filed by the counter petitioner. The petitioner is permitted to file an interlocutory application in the said suit 2/4

regarding the obstruction alleged to have been created to access the petitioner's motor pumpset. The learned Sub Judge, Theni is directed to dispose of the said I.A. on merits and in accordance with law after issuing notice to the plaintiff within a period of eight weeks after it is filed. I make it clear that I have not gone into the merits of the matter. All the contentions of the plaintiff in the said suit are left entirely open. The direction for time bound disposal is only in respect of I.A. that is proposed to be filed by the petitioner herein. 4.Reiterating the earlier direction to the respondent police to stick to due process of the law, this contempt petition is disposed of. 23.11.2022 Index : Yes/No Internet : Yes/No ias Issue order copy on 25.11.2022.

To:- Inspector of Police, Palanichettipatti Police Station, Theni District.

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G.R.SWAMINATHAN, J.

ias in Crl.O.P.(MD)No.1117 of 2022 23.11.2022 4/4