JAYASINGH Vs. K K VELAYUTHAM

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 19.11.2003 passed by the High Court of Judicature at Madras in Crl.R.C.No.1465 of 2003, whereby and whereunder the revision petition filed by the Appellant herein against an order dated 25.8.2003 was dismissed. The wife of the respondent No.2 was running a kiosk in the hospital premises. The Government of Tamil Nadu had taken a policy decision to remove all kiosks, bunks and tea stalls, etc. from the hospital premises as they were causing inconvenience to the public and as food stuffs were also supplied from the said kiosks, bunks and tea stalls which were prepared in unhygienic conditions causing health hazards. A Government order was issued for removing all the said kiosks on 30.10.1987. The Public Works Department thereafter issued directions to the Executive Engineer to take steps for removal thereof on or about 9.5.1996. The Chief Engineer also directed the Executive Engineer to take steps in furtherance of the said G.O.M.No.2055 dated 30.10.1987. The wife of the respondent herein, who had been running a tea stall in the said premises, was requested through a letter by the Executive Engineer to remove the same as the Dean of Kilpauk Medical College had made such a request in that behalf. Admittedly, a direction was also issued to the Appellant herein by the Executive Engineer to remove the said tea stall. Pursuant to or in furtherance of the said direction, the Appellant herein requested the Assistant Commissioner of Police, Kilpauk to give police protection for the purpose of causing such removal.

(2.) A writ petition was filed by the wife of the respondent No.1 herein, which was disposed of by the High Court with certain directions. In the meanwhile, however, the said tea stall was removed whereupon a contempt petition was filed against the Appellant. The said contempt petition was dismissed. The matter thereupon came before this Court. This Court in N. Jagadeesan & Ors. vs. District Collector, North Arcot & Ors. [since reported in 1997 (4) SCC 508, opined:

(3.) It was further observed :