Lieutenant Colonel Ganesan. S (Retd.), v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2023

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE MR.JUSTICE SUNDER MOHAN in W.A(MD)No.900 of 2021 Lieutenant Colonel Ganesan S (Retd.) .. Petitioner/Petitioner Vs.

1. The State of Tamil Nadu, Rep. by its Chief Secretary, Mr.Irai Anbu, IAS, Secretariat, Fort St.George, Chennai-600 009.

2. The State of Tamil Nadu, Rep. by its Home Secretary, Mr.SK Prabhakar, IAS, Department of Home, Fort St.George, Chennai-600 009.

3. Mr.Sailendra Babu, IPS, The Director General of Police, Office of the Director General of Police, Beach Road, Mylapore,

Chennai - 600 004.

4. Ms.Kamini, IPS, The Deputy Inspector General of Police, O/o. The Deputy Inspector of Police, Madurai Range, New Natham Road, Madurai.

5.Mr.Meghanatha Reddy IAS, The District Collector, Collectorate, Virudhunagar District.

6.Mr.Manoharan, IPS, The Superintendent of Police, O/o. The Superintendent of Police, Virudhunagar District, Virudhunagar.

.. Contemnors/Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the 6th respondent for willful disobedience and violation of the orders passed in W.A(MD)No.900 of 2021 dated 21.04.2021 and to hold other Respondents accountable for the inaction of the 6th respondent.

For Petitioner : Mr.J.Kather Hussain For Respondents : Mr.D.Sasikumar Additional Government Pleader

ORDER

DR.G.JAYACHANDRAN, J.

and SUNDER MOHAN, J.

The contempt petition is filed alleging that the petitioner gave a representation to the authorities to conduct and complete departmental enquiry against the named erring police officials in C.C.No.207/2012 pending on the file of Judicial Magistrate, Aruppukkottai. When such representation was not acted upon and therefore sought for issuance of mandamus in W.P(MD)No.238 of 2014.

2. The learned Single Judge of this Court dismissed the writ petition vide order dated 15.10.2020. Aggrieved by the order of dismissal, the contempt petitioner preferred an intracourt appeal and same was considered by the Division Bench of this Court in W.A(MD)No.900 of 2021, wherein

the order of the learned Single Judge was set aside giving liberty to the contempt petitioner to submit a representation to the Superintendent of Police, Virudhunagar District and if any such representation is made, same shall be considered and orders to be passed on merits in accordance with law, as expeditiously as possible. The order of the Division Bench came to be passed on 21.04.2021. Alleging that pursuant to the direction of the Division Bench, he gave his representation on 03.06.2021 but no order passed by the Superintendent of Police, Virudhunagar. With the said allegation this contempt petition is filed.

3. Today, the learned Additional Government Pleader produced the proceedings of the Superintendent of Police, Virudhunagar, dated 23.03.2022 which indicates that after the order of this Court dated 21.04.2021, the contempt petitioner has given representation on 03.06.2021. The said representation was disposed of by the sixth respondent without affording an opportunity of personal hearing. When the present contempt petition was taken up for hearing, the learned Additional Government Pleader pointing out that the representation was disposed of without giving

opportunity to the petitioner on 20.01.2022. Hence, this Court has directed the contemnor to give an opportunity of personal hearing to the petitioner and pass appropriate orders. Accordingly, after affording opportunity of personal hearing to the petitioner, the order dated 23.03.2022 been passed.

4. From the proceedings, we find that the criminal case against the police personnels in C.C.No.207 of 2012 has been quashed by the High Court against all the accused and also the departmental proceedings initiated by the department against them was set aside by the High Court in the respective writ petitions filed by the aggrieved police personnels.

5. In the light of the above fact, this Court finds nothing survives in this contempt petition. Hence, this contempt petition is dismissed. [G.J.,J.] & [S.M.,J.] 02.02.2023 Internet:Yes Index:Yes/No NCC:Yes/No PJL

To

1. Mr.Irai Anbu, IAS, The Chief Secretary, Secretariat, Chennai-600 009.

2. Mr.SK Prabhakar, IAS, The Home Secretary, Department of Home, Fort St.George, Chennai-600 009.

3. Mr.Sailendra Babu IPS, The Director General of Police, Office of the Director General of Police, Beach Road, Mylapore, Chennai - 600 004.

4. Ms.Kamini, IPS, The Deputy Inspector General of Police, O/o. The Deputy Inspector of Police, Madurai Range, New Natham Road, Madurai.

5. Mr. Meghanatha Reddy IAS, The District Collector, Collectorate, Virudhunagar District.

6. Mr. Manoharan, IPS, The Superintendent of Police, O/o. The Superintendent of Police, Virudhunagar District,

Virudhunagar.

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

DR.G.JAYACHANDRAN, J.

and SUNDER MOHAN, J.

PJL in W.A(MD)No.900 of 2021 02.02.2023