Madras High Court
K.Vasanthalakshmi vs Dr.K.S.Balakrishnan on 5 July, 2023
Cont.P.No.1353 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2023
CORAM
THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN
Cont.P.No.1353 of 2023
1. K.Vasanthalakshmi
2. K.Nandhini
3. K.Indhumathi ... Petitioners
Vs.
1. Dr.K.S.Balakrishnan
Superintendent of Police,
Tirupathur District,
Tirupathur.
2. R.Hemavathi,
Inspector of Police,
Tirupathur Town Police Station,
Tirupathur,
Tirupathur District.
3. V.Kalaisekaran ... Respondents
Prayer:- Contempt petition has been filed under Section 11 of the Contempt
of Courts Act, 1971, praying to punish the respondents 1 to 3 for wilfully and
wantonly disobeying the order of this Court dated 08.09.2022 in
Crl.O.P.No.17857 of 2022.
Page 1 of 6
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Cont.P.No.1353 of 2023
For Petitioners : Mr. K.Selvaraj
For Respondents : Mr. S.Sugendran
Additional Public Prosecutor
ORDER
This Contempt Petition has been filed to punish the respondent
for non compliance of the order dated 08.09.2022 passed by this Court in
Crl.O.P.No.17857 of 2022, thereby recording the undertaken given by the
third respondent and closed the petition filed by the petitioners.
2. It is seen that in pursuant to the judgment and decree passed in
the civil Court in respect of the suit property, the petitioners are in peaceful
possession and enjoyment of the suit property. However, the third respondent
disturbed the peaceful possession and enjoyment of the petitioner in respect of
the suit property. Therefore, the petitioner filed petition in Crl.O.P. No.17857
of 2022 seeking police protection in pursuant to the civil Court decree.
3. On the date of hearing, i.e., on 08.09.2022, the learned counsel
for the third respondent appeared before this Court and submitted that the
third respondent has no objection to the peaceful enjoyment of the petitioners
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Cont.P.No.1353 of 2023
in respect of the suit schedule property. Recording the said submission, the
direction petition was closed.
4. However, on 22.05.2023 when the petitioners were in possession
of the property, they were assaulted by the third respondent and his men as
such they lodged complaint as against the third respondent and others. On
receipt of the same, the second respondent issued C.S.R.No.312 of 2023 and
no FIR has been registered so far. The third petitioner was also admitted in
the hospital on 22.05.2023 and she was discharged only on 23.05.2023, for
the injuries sustained on the assault made by the third respondent.
5. Considering the above facts and circumstances, the second
respondent is directed to conduct enquiry on the complaint lodged by the
third petitioner dated 24.05.2023 in C.S.R.No.312 of 2023 and if any
cognizable office is made out as against the accused persons, register the FIR
and proceed in accordance with law.
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Cont.P.No.1353 of 2023
6. With the above directions, the Contempt Petition stands disposed
of.
05.07.2023
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
rts
https://www.mhc.tn.gov.in/judis
Cont.P.No.1353 of 2023
To
1. The Superintendent of Police,
Tirupathur District,
Tirupathur.
2. The Inspector of Police,
Tirupathur Town Police Station,
Tirupathur,
Tirupathur District.
3. The Public Prosecutor,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
Cont.P.No.1353 of 2023
G.K.ILANTHIRAIYAN, J.
rts
Cont.P.No.1353 of 2023
05.07.2023
https://www.mhc.tn.gov.in/judis
