C. Sam Devadasan, v. S. Jeyakumar
Case brief
What is this about?
In a contempt petition, the Court examined if the Superintendent of Police wilfully disobeyed an order to consider the petitioner's representation. The Court held that a communication was issued considering the relevant proceedings, finding no wilful disobedience, and closed the plea.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Cont.P.(MD)No.909 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2021 CORAM:
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Cont.P.(MD)No.909 of 2021 in W.P.(MD)No.5653 of 2021
C.Sam Devadasan ... Petitioner/Petitioner Vs
Mr.S.Jeyakumar, The Superintendent of Police, Thoothukudi District, Thoothukudi.
...Respondent/1st Respondent
PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent for willful disobedience of the order passed by this Court in W.P.(MD)No.5653 of 2021 dated 18.03.2021.
Prayer in WP(MD)No.5653 of 2021 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ in the nature of Writ of Mandamus or any other writ or order or direction to direct Writ of Mandamus or any other writ or order or direction directing the 2nd respondent to provide police protection for fencing the petitioner property in Old S.No.26/3B, New S.No.26/3B1A situated at Korampallam Village, Teekay Nagar, Thoothukudi District, in terms of the order passed by the Sub Divisional Magistrate, Thoothukudi vide his Proceedings in Roc.No.B1/CrPC 145/01/2019 dated 22.10.2020 by considering the petitioners representation dated 27.02.2021 and may pass such other or further orders as this Honourable Court deem fit and property to the facts and circumstances of the case and thereby rend.
Issues for consideration
3 issues framed by the court
Whether the respondent showed wilful disobedience of the order in W.P.(MD)No.5653 of 2021 by issuing communication dated 07.05.2021.
Whether the order dated 18.03.2021 was duly complied with by taking proceedings of the Sub-Divisional Magistrate into account.
Whether the contempt petition should be closed given the lack of wilful disobedience.
Parties & counsel
- petitioner
C.Sam Devadasan
- respondent
Mr.S.Jeyakumar
Coram
Senthilkumar Ramamoorthy
Case details
As recorded by the court registry
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