High Court · 2012

MANJULA CHELLUR Ag. C.J. &V. CHITAMBARESH, J---------------------------------------CO(C) NO. 236 OF 2012----------------------------------Dated this the 13th day of March, 2012JUDGMENTManjula Chellur, Ag. C. J.Heard the learned counsel for the petitioner as well asthe learned Government Pleader representing the respondentcontemnor.2.The grievance of the petitioner is that inspite ofjudgment with Annexure A1, though repeated complaints werelodged before the respondents for grant of adequate policeprotection to the life and property of the petitioner, no actionwhatsoever is taken and the latest complaint is dated31.01.2012. According to him, failure on the part of therespondents to take action as directed by the court amounts tocontempt and therefore suitable action has to be taken againstthe contemnors in response to the notice. Respondents 1 and2 have filed detailed counter affidavit indicating what actionwas taken by registration of criminal case and also detailswith regard to the private complaint lodged by the 2COC No. 1320/2011complainant. The counter affidavit of respondent No. 1 reads atparagraph 2 to 7 is under.“.........2.The above Contempt of CourtCase is filed alleging non compliance of thedirection of this Hon'ble Court in judgment dated04.03.2011 in WP(C) No. 3031/2011. In theabove matter this Hon'ble Court was pleased togrant an interim order stating “there will be aninterim order that the police will provideadequate protection to the life and property of thepetitioner” subsequently due to non appearanceof the party respondents, the above interim orderwas made absolute on 03.03.2011.3.The petitioner's case is that in spite ofan order by this Hon'ble Court granting policeprotection, no effective action has been taken andthat after the order of this court was producebefore this respondent, the party respondentsattacked the petitioner resulting in both his legsbeing fractured as a result of which he washospitalized for a very long period.4.It is submitted that no such incidenthas taken place since the above order of thisHon'ble Court. Whereas a similar incident hadoccurred on 29.03.2010 where in the petitionerwas supposedly attacked by the party respondentand a complainant was made before the EzhukonePolice Station. Based on the complaint receivedon 03.03.2010, a crime was registered as CrimeNo. 342/2010 under section 506 (ii), 326, 327 ofthe IPC. The accused were arrested andremanded on 28.04.2010. The case was chargesheeted and is pending trial before JFCM I atKottarakkara.5.In this regard, I also submit that acrime was registered against the above petitioneron 18.07.2008 as Crime No. 384/2009. The 3COC No. 1320/2011petitioner and the party respondent are closerelatives and the dispute is with regard to theownership and title of family property.6.It is further submitted that the abovepetitioner had also lodged a petition before theHon'ble JFCM I, Kottarakkara in which if is statedthat on 18.05.2009 one Mr. Sasi and one Miss.Kunjamma had trespassed in to the property ofthe petitioner, manhandled him and committedtheft of latex from the property. The JFCM Courtforwarded the petition to Ezhukone Police Stationvide CMP No. 4173/2009 with a direction toregister a case and to be investigated. Crime343/2009 under section 447, 42, 379, 506 (ii) and34 of the IPC was registered in Ezhukone PoliceStation on 08.06.2009. Investigation wascompleted in the above crime and charge sheetedon 05.12.2009 against the above Mr. Sasi andKunjamma. The case is unders trial in JFCM I,Kottarakkara as CC 368/2010.7.It is further submitted that civildisputes are pending before the Munsiff Court,Kottarakkara as a result of the property disputebetween the parties. Pursuant to the abovejudgment by this Hon'ble Court, effective stepshad been taken by this respondent to ensure thatno law and order situation arises in the area. Allmeasures have been taken and all the partieswere summoned to the Police Station and warnedthat any action done in violation of the order ofthis Court or any other court shall be strictlyacted upon.”The counter affidavit of respondent No. 2 reads atparagraph 2 to 6 as under. 4COC No. 1320/2011“....... 2.The above Contempt of CourtCase is filed alleging non compliance of thedirection of this Hon'ble Court in judgment dated04.03.2011 in WP(C) No. 3031/2011. In theabove matter this Hon'ble Court was pleased togrant an interim order stating “there will be aninterim order that the police will provideadequate protection to the life and property of thepetitioner” subsequently due to non appearanceof the party respondents, the above interim orderwas made absolute on 03.03.2011.3.The petitioner's allegation is that noeffective protection is being given in spite of theabove judgment of this Hon'ble Court. In thisregard, it is submitted that since my takingcharge of Ezhukone Police Station as the SubInspector of Police, no law and order situation hastaken place as alleged by the petitioner nor anyuntoward incident has happened. All effectivesteps had been taken to ensure that the order ofthis Hon'ble Court was strictly adhered to.4.I further submit that, on 31.01.2012 apetition No. 85/2011 was submitted by one Ms.Geetha. R, wife of the petitioner stating that thepetitioner and his wife were out of station andthat there is a chance, that the party respondentsmay enter in to the disputed property and steellatex from there. As I was on leave that day,Additional Sub Inspector of Police who was incharge had investigated in to the matter andsummoned the party respondents and thepetitioner to the police station. The partyrespondents had signed a statement stating thatno action or mischief would be committed by theparty respondents and that they will not enterinto the disputed property.5.I am given to understood that, there isa civil case pending between the parties beforethe Munsiff Court, Kottarakkara. The partieshave been a devised and warned not to 5COC No. 1320/2011precipitate the matter and to make theirobjections and complaints befoe the MunsiffCourt, Kottarakkara. No situation of law andorder exist in the area at present.6.In view of the above, it is submittedthat there was no attempt on the part of thisrespondent to disobey the orders issued by thisHon'ble Court. All the incidents alleged to havehappened and taken place much before the orderof this Hon'ble Court and strict action were takenin those matters ad detailed above. I have utmostregard and respect for this Hon'ble Court. Inview of the above, it is humbly prayed that thisHon'ble Court may be pleased to accept thisaffidavit and drop all proceedings in the Contemptof Court case.”Reading of the counter affidavits indicate that therespondent contemnors have taken action whenever complaintswere lodged. We do not find any material which compel us toinitiate further action against the respondents. Accordingly theproceedings are dropped. MANJULA CHELLUR ACTING CHIEF JUSTICEV. CHITAMBARESH JUDGEncd