V.Raman (Died) vs ) Parukki Nachan
2023 Latest Caselaw 9078 Mad

                                                                Cont.P(MD)SR No.44381 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 26.07.2023

                                                    CORAM:

                        THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY


                                  Contempt Petition(MD)SR No.44381 of 2023
                                                     in
                                      Second Appeal(MD)No.804 of 2014

                     V.Raman (died)
                     Rajammal
                                                                                ... Petitioner

                                                          Vs.

                     1) Parukki Nachan
                     2) Azhammal
                     3) Pitchan
                     4) Azhagar
                     5) Parvathi
                     6) Chinnammal
                     7) Thangaiah
                     8) Panchu

                     9) Mr.Baskar
                        The Superintendent of Police,
                        Dindigul District, Dindigul.

                     10) Mr.Udayakumar
                         The Deputy Superintendent of Police,
                         Dindigul Taluk, Dindigul District.




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                     1/5
                                                                        Cont.P(MD)SR No.44381 of 2023


                     11) Mr.Thanga Munichamy,
                         The Inspector of Police,
                         Natham Police Station,
                         Natham,
                         Dindigul District.
                                                                                      ... Respondents

                     PRAYER: This Contempt Petition is filed under Sections 11 of the
                     Contempt of Courts Act, to initiate contempt proceedings against
                     Contemnors/Respondents 1 to 8 in Second Appeals for their wilful
                     disobedience and wilful violation of the common Judgment passed by
                     this Court in S.A(MD)No.804 of 2014 dated 06.01.2023 and punish the
                     respondents 1 to 8 for the contempt committed by them.


                                        For Petitioner     : Mr.SM.Ramasiva

                                                              ****


                                                           ORDER

This contempt petition is posted today under the caption “for

maintainability.”

2. Heard the learned counsel appearing for the petitioner.

https://www.mhc.tn.gov.in/judis

Cont.P(MD)SR No.44381 of 2023

3.The learned counsel appearing for the petitioner would submit

that a right has been conferred by virtue of the Judgment of this Court to

use the pathway, however, somebody is preventing the petitioner to use

the said pathway. Hence, the petitioner gave a complaint to the police,

however, they have not taken any action. Therefore, the present

contempt petition is filed.

4.This Court is of the view that since the contempt petition is filed

in the Second Appeal, the only remedy available to the petitioner is

before the civil Court by filing appropriate Execution Petition. Further, it

is seen that in the Judgment of the Second Appeal, no direction was

issued to the official respondents, namely, respondents 9 to 11. If the

petitioner wants police protection, after filing the execution petition, if he

seeks police protection by filing appropriate application in the execution

proceedings, the Execution Court will consider the same on merits.

Therefore, this Court is of the view that there is no need for entertaining

the present contempt petition. Hence, the contempt petition SR(MD)No.

44381 of 2023 is dismissed as not maintainable.

                     NCC      : Yes/No                                                26.07.2023
                     Internet : Yes/No
                     Index    : Yes/No
                     skn

https://www.mhc.tn.gov.in/judis

Cont.P(MD)SR No.44381 of 2023

To

1) Mr.Baskar The Superintendent of Police, Dindigul District, Dindigul.

2) Mr.Udayakumar The Deputy Superintendent of Police, Dindigul Taluk, Dindigul District.

3) Mr.Thanga Munichamy, The Inspector of Police, Natham Police Station, Natham, Dindigul District.

https://www.mhc.tn.gov.in/judis

Cont.P(MD)SR No.44381 of 2023

KRISHNAN RAMASAMY, J.

skn

Contempt Petition(MD)SR No.44381 of 2023 in Second Appeal(MD)No.804 of 2014

26.07.2023

https://www.mhc.tn.gov.in/judis