BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 08.12.2025 Pronounced on : 23.01.2026 CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Cont.P.(MD)No.1581 of 2025 in W.P.(MD)No.22601 of 2024 Vincent Albert ... Petitioner/

Petitioner Vs.

Mr.Somasundaram Inspector of Police, Taluk Police Station, Keezhavasal, Thanjavur District. ... Contemnor/

Respondent No.3 Prayer : This Contempt Petition filed under Section 11 of Contempt of Court Act, to punish the contemnor herein for the willful disobedience of the order passed by this Court in W.P.(MD)No.22601 of 2024 dated

24.09.2024.

For Petitioner : Mr.R.J.Karthick For Contemnor : Mr.A.Balaji

ORDER

The petitioner has filed the above Contempt Petition, invoking Section 11 of the Contempt of Courts Act seeking orders to punish the contemnor for the willful disobedience of the order passed in W.P.

(MD)No.22601 of 2024 dated 24.09.2024 on the file of this Court.

2. The petitioner, by alleging threats to his life and limb and to his property, filed a writ of mandamus in W.P.(MD)No.22601 of 2024 directing the respondents therein to grant police protection to the petitioner's life and limb and the petitioner's property in Survey No.23 sub divided as Survey No.23/1A1A1A at Vilar Village, Thanjavur Taluk, Thanjavur District to an extent of 12,600 sq.ft. measuring north south 60 feet and east west 210 feet in the light of the decree passed in O.S.No.331 of 2008 on the file of the Principal District Munsif Court, Thanjavur dated 31.08.2021 and O.S.No.2 of 2022 on the file of the Additional Subordinate Court, Thanjavur dated 05.07.2024. Considering the submission made by the learned counsel for the petitioner and the learned Additional Public Prosecutor for the police authorities, this Court passed an order dated

24.09.2024 directing the petitioner to give fresh representation to the Inspector of Police, Taluk Police Station, Keezhavasal, Thanjavur District and on receipt of such representation, the said Inspector of Police was directed to consider the petitioner's representation by taking note of the decree passed by the competent civil Court and take a decision within a period of one week from the date of receipt of representation from the petitioner.

3. The case of the petitioner canvassed in the present contempt petition is that the petitioner gave a representation dated 08.11.2024 to the third respondent and requested him to comply the order passed by this Court, that the rival party Thiru.Aravindhan admitted that he did not file any appeal against the decree passed in O.S.No.2 of 2022 during the petition enquiry conducted by the contemnor in CSR.No.876 of 2024 and he prayed time to file appeal, that no appeal has been filed by the said Aravindhan till filing of the contempt petition, that the contemnor has also sought for opinion from the Government Advocate and he had also opined to grant police protection in terms of the decree of the civil Court, that survey has also been done on 19.02.2025 on the request of the contemnor, but the rival party disturbed the entire survey process, that the Surveyor had made his report against the judgment and decree and he has gone into the verdict of the civil Court, that the rival party is only a pendente lite purchaser and his suit was already dismissed, that though there is no impediment to grant police protection in terms of the civil Court decree, there was no action on the part of the contemnor, that since the contemnor has not taken steps to comply with the order of this Court, the petitioner was constrained to issue a contempt notice dated 23.04.2025 to the contemnor calling upon him to comply with the order passed by this Court and even thereafter, the contemnor has not come forwarded to comply with the order of this Court and that therefore, the petitioner was forced to file the above contempt petition.

4. The contemnor has filed a counter affidavit stating that in compliance with the direction of this Court, the petitioner's representation dated