This Court recorded that the respondent is continuously disrespecting the order of this Court which was affirmed by the Hon’ble Supreme Court. Considering the conduct of the respondent tenant and taking note of the plight of the landlady who is a senior citizen, this Court is inclined to pass the following orders: (1) The Commissioner of Police, Vepery, Chennai – 600 007 has been Suo Motu impleaded as a party respondent for the purpose of execution of this Order. (2) Learned Government Advocate (Criminal Side) takes notice on behalf of the impleaded respondent. (3) The impleaded respondent, Commissioner of Police is directed to depute required number of police officials and evict the respondent from the subject premises situated at New No.52, Old No.18, Flat No.5, First floor, Classic Terrace, Abdul Azeez Street, T.Nagar, Chennai 600017, within 48 hours from the time of receipt of a copy of this Order. (4) After evicting the respondent from the premises, the Commissioner of Police, Chennai is directed to handover the possession of the subject premises to the landlady and submit a report on 04.09.2023. (5) The learned Government Advocate (Crl. side) is directed to inform this Order immediately to the Commissioner of Police over phone or through electronic mode of communication for the purpose of execution. Post the matter on 04.09.2023 for reporting compliance. 01.09.2023 nl Note: Issue order copy by today itself. Index : Yes/No Speaking order/Non speaking order Neutral Citation : Yes /No To The Public Prosecutor, High Court, Madras. S.M.SUBRAMANIAM, J. nl Cont.P.No.1341 of 2023 01.09.2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.09.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
Cont.P.No.1341 of 2023
R.Girija … Petitioner
Vs.
1.S.Ramalingam
2.The Commissioner of Police,
Vepery, Chennai. … Respondents
(R2-Suo Motu impleaded as per order of this Court dated 01.09.2023)
Prayer: Contempt Petition filed under section 11 of Contempt of Court Act to punish the respondent for disobeying the order of this Court dated 12.01.2023 passed in CRP.No.3983 of 2022.
For Petitioner : Mr.S.N.Narasimhulu
For Respondent 1 : Mrs. V.Lalitha
For Respondent 2 : Mr.S.Vinoth Kumar,
Government Advocate (Crl. Side)
O R D E R
The respondent Mr.S.Ramalingam in the present contempt petition is a tenant under the petitioner Mrs.R.Girija.
- The petitioner filed RCOP.No.212 of 2012 and the trial court ordered to evict the tenant from the premises. The respondent filed RCA.No.21 of 2012 which was dismissed by the Appellate Court. Thereafter, the respondent filed CRP.No.3983 of 2022 before this Court which was also dismissed on 12.01.2023. Challenging the order passed in the Civil Revision Petition, the respondent preferred an SLP (C).No.3656 of 2023 before the Supreme Court of India and the Apex court dismissed the SLP on 24.02.2023, confirming the order passed in the Civil Revision Petition.
- Since the respondent refused to vacate the premises, the landlady along with her counsel present before this Court and made a submission that the respondent is holding the post of Ward Secretary in the ruling political party. By abusing his political power, the respondent is threatening the landlady who is aged about 64 years and residing along with her husband who is aged about 75 years. The aged couples are unable to evict the respondent for the past 13 years, despite the fact that orders passed by the Trial Court, Appellate Court and the High Court were confirmed by the Hon’ble Supreme Court of India.
- The learned counsel for the petitioner made a submission that the respondent has not paid the rent from the year 2017 onwards and even during the last hearing, the respondent was present before this court along with his counsel.
- This Court passed an order on 21.08.2023 recording the undertaking given by the respondent that he will vacate the subject premises and handover the key to the landlady on or before 24.08.2023. The arrears of rent also directed to be paid.
- The learned counsel for the petitioner brought to the notice of this Court that the respondent tenant is owning a flat in T.Nagar itself at 27/B, South Dhandapani Street, T.Nagar, Chennai. Despite the fact that he is owning a flat at T.Nagar itself, he is refusing to vacate the premises. He made a submission that the respondent has given change of vakalat. Under the guise of change of vakalat, they have attempted to seek further adjournment.
- This Court recorded that the respondent is continuously disrespecting the order of this Court which was affirmed by the Hon’ble Supreme Court. Considering the conduct of the respondent tenant and taking note of the plight of the landlady who is a senior citizen, this Court is inclined to pass the following orders:
(1) The Commissioner of Police, Vepery, Chennai – 600 007 has been Suo Motu impleaded as a party respondent for the purpose of execution of this Order.
(2) Learned Government Advocate (Criminal Side) takes notice on behalf of the impleaded respondent.
(3) The impleaded respondent, Commissioner of Police is directed to depute required number of police officials and evict the respondent from the subject premises situated at New No.52, Old No.18, Flat No.5, First floor, Classic Terrace, Abdul Azeez Street, T.Nagar, Chennai 600017, within 48 hours from the time of receipt of a copy of this Order.
(4) After evicting the respondent from the premises, the Commissioner of Police, Chennai is directed to handover the possession of the subject premises to the landlady and submit a report on 04.09.2023.
(5) The learned Government Advocate (Crl. side) is directed to inform this Order immediately to the Commissioner of Police over phone or through electronic mode of communication for the purpose of execution.
Post the matter on 04.09.2023 for reporting compliance.
01.09.2023
nl
Note: Issue order copy by today itself.
Index : Yes/No
Speaking order/Non speaking order
Neutral Citation : Yes /No
To
The Public Prosecutor,
High Court, Madras.
S.M.SUBRAMANIAM, J.
nl
Cont.P.No.1341 of 2023
01.09.2023
