Judgment :- This contempt petition arose out of an order passed by this Court in Crl.O.P.No.3616 of 2012 dated 16.03.2012. Notice was issued to the respondent. The learned Public Prosecutor circulated a counter affidavit filed by the respondent. 2. The original criminal petition arose under the following circumstances:- The Dina Malar, a Tamil newspaper published a news item in its edition dated 29.01.2012. If translated freely it had the following caption:- "Vanniyars are becoming Goundars" - To increase their life style yet another idea! In the news item, it was stated that in the northern districts of Tamil Nadu, Vanniyars have a vote bank. In the Namakkal district, the Vanniyars are calling themselves as Nattu Goundars. But, in the western Tamil Nadu, starting from Sangagiri in Salem to Coimbatore District, it is predominantly dominated by Kongu Vellala Goundars. Within the Vanniyar Community, there are 102 sub-castes such as Padayachi, Gounder, Varma, Nayakkar etc. and normally, they are called as Vanniya Kula Kshatriyas. Similar names are also found in the community certificates issued by the Government. Due to poverty, there were times they also involved themselves in anti-social activities. Nowadays, due to development in civilisation, they are advancing themselves in the society. Many persons, through politics, have developed themselves as well as their family and are also occupying high echelons in Government jobs, Trade, Commerce and Politics. Even though they have upgraded themselves in the society, they have got a name amongst the people of other communities that Vanniars involve in clashes and riots and therefore, people of other communities do not want to have any dealing with the people of Vanniyar Community. Several Vanniars who have attained a developed stage in the society, with the intention that their trade should not get affected, are introducing themselves as Gounders in the society. This culture has been fast-spreading for the last 5 years. Besides, though, for the sake of politics, they are calling themselves as Vanniyars, amongst the people of their community, they feel that it is a matter of pride to be called as Gounders. Several people who are originally Vanniyars have also started to convert themselves as Kongu Vellala Gounders. Though they claim that this change is only to wipe out the wrong impression about them in the society, this has created a repel between the Vanniyar and Gounder communities. Several people who are originally Vanniyars have also started to convert themselves as Kongu Vellala Gounders. Though they claim that this change is only to wipe out the wrong impression about them in the society, this has created a repel between the Vanniyar and Gounder communities. When asked for his reaction, an office-bearer of Vanniyar Sangam has stated that in the northern districts of Tamil Nadu, among Vanniyars, there are 102 sub-divisions and depending upon districts, place and practice, they have different names; one such sub-caste is Gounder; it is only the people of that sub-caste who call themselves as Gounders; the people in other sub-divisions of the Vanniyar community do not prefer conversion and a true Vanniyar would not like such a conversion also. 3. Aggrieved by the news item, the petitioner, claiming to be a practicing Advocate at Chennai gave a complaint to the Inspector of Police, High Court Police Station on 30.01.2012. It is stated by him that the publisher and the Editor who are responsible for the news item published in the newspaper have committed offence under Section 153A, 153-B, 499, 500, 501 and 502 IPC. On receipt of the complaint, an acknowledgment was given in C.S.R. dated 30.01.2012. 4. Since no FIR was filed, the petitioner filed Criminal Original Petition under Section 482 Cr.P.C. before this Court being Crl.O.P.No.3616 of 2012. When the matter came up on 16.03.2012, after hearing the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), in paragraph 3, this Court passed the following the order :- "3. Considering the related facts and circumstances of the case, and on perusal of the averments made in the petition, this Court directs the respondent police, to register the case based on the complaint of the petitioner dated 30.01.2012 an to take up investigation if the officer incharge of the Police Station is satisfied that any cognizable offence is made out within two weeks from the date of receipt of a copy of this order." 5. Thereafter, the petitioner sent a reminder letter to the respondent and also issued a legal notice on 18.04.2012. Alleging the said order has not been obeyed, contempt petition came to be filed. In the contempt petition, the respondent has filed a counter affidavit dated 19.07.2012. 6. Thereafter, the petitioner sent a reminder letter to the respondent and also issued a legal notice on 18.04.2012. Alleging the said order has not been obeyed, contempt petition came to be filed. In the contempt petition, the respondent has filed a counter affidavit dated 19.07.2012. 6. Sub-Application No.350 of 2012 was also filed to punish the respondent for filing a false affidavit before this Court in the contempt petition. In the said sub-application, the respondent has filed a counter affidavit dated 08.10.2012. 7. The case of the petitioner was that the complaint discloses cognizable offence against the accused persons and requires a serious investigation. The respondent has not chosen to comply with the order passed by this Court. Despite reminders were sent, no worthwhile investigation was conducted and First Information Report was not filed. 8. In the counter affidavit filed by the respondent, it was stated that based on the complaint, CSR number was assigned and enquired both the petitioner as well as the counter petitioners viz., the Publisher and the Editor The Counter Petitioners stated that there was no intention to harm the people belonging to Vanniyar Community and they also delivered the apology for the said publication if it may be presumed as harmful against the said people of the community. The very next day the counter petitioners have published their apology news in the edition of the same page itself. It was during the course of this enquiry, the petitioner has filed Crl.O.P.No.3616 of 2012. While conducting the enqiury, it reveals that with regard to the news item, there was no other complaint lodged by any one belonging to Vanniyar Community except the petitioner and also there was no communal clash or agitation happened with reference to the news item. 9. It was further stated on petition enquiry, the petitioner repeated the version in the complaint instead of furnishing any evidence of sufferance or any damages caused against him. The news item, not having affected his name or reputation in the society and the counter petitioners having stated that there was no malafide intention to cause any harm or damage to any other communities against the integrity of State, the complaint was concluded that no cognizable offence was made out and the same was also communicated to the petitioner by speed post. 10. 10. Not satisfied with the counter, the petitioner filed Sub-Application No.350 of 2012 stating that the averment in the counter affidavit that the petitioner was enquired was a false statement and a public servant is supposed to be impartial. The respondent has not given any details as to how he conducted investigation and to the nature of the investigation in the closure of the registration of his complaint dated 30.01.2012 against the Publisher and the Editor and hence, the respondent should be directed to produce the records and for filing false affidavit, the respondent should be punished. 11. However in this contempt petition, the only question arises for consideration is whether the order passed by this Court has been complied with or whether there was any wilful disobedience of the order passed by this Court so as to attract the civil contempt within the meaning of Contempt of Courts Act, 1971. 12. As can be seen from the order passed by this Court, the Court did not give any direction to register a case. On the other hand, it only directed the respondent to take up investigation, if the Officer incharge was satisfied that any cognizable offence was made out. 13. Mr. M.Gnanasekar, learned counsel strenuously contended that the news item is per se defamatory and it would amount to creating hatred between two communities. But the learned counsel failed to note that the news item also carry the response from one office bearer of the community association and therefore, it cannot be said to be sided matter. Even if the news item is taken as a whole, it does not reveal to any particular identity of any member of the community. It has been made in general terms about the efforts of certain community members living in certain areas to make them known with the identity of some other castes which has a greater social standing in that area. It is not clear as to how the news item can be said to be defamatory or by that such news item, there has been an attempt to create hatred between two communities. 14. It is not clear as to how the news item can be said to be defamatory or by that such news item, there has been an attempt to create hatred between two communities. 14. On the other hand, the community which is in a lower ladder in the caste hierarchy attempting to move upwards either by imitating the practices of next community in the caste ladder want to assume titles of the community which is the next higher ladder is not something unknown. This process is described as Sanskritization by eminent sociologists. M.N.Srinivas, a well known Sociologist from the Delhi School of Economics, University of Delhi in his Rabindranath Tagore Memorial Lectureship at the University of Chicago gave series of lectures during the year 1963. These lectures have been published by Orient Longman under the caption "Social Change in Modern India". The author in his series of lectures had also talked about Sanskritization and caste mobility. 15. To disabuse the minds of persons who are ill informed about caste structure and caste mobility, it is necessary to refer to the following passages found in the book:- "Sanskritization is generally accompanied by, and often results in, upward mobility for the caste in question; but mobility may also occur without Sanskritization and vice versa. However, the mobility associated with Sanskritization results only in positional changes in the system and does not lead to any structural change. That is, a caste moves up above its neighbours and another comes down, but all this takes place in an essentially stable hierarchical order. The system itself does not change. (Page 6 & 7) The other tendency inherent in the caste system is the imitation of the ways of higher casts. Not any particular caste is imitated or even the highest caste. Pocock is essentially right when he observes: A non-Brahmin caste of relatively low status does not (or did not before the advent of books) imitate an idea of Brahminism nor did it have general notions of secular prestige. For it the models of conduct are the castes higher than itself with which it is in the closest proximity. Properly speaking, we may not even speak of one caste imitating another but rather one local section of a caste imitating another local section (Italics mine). For it the models of conduct are the castes higher than itself with which it is in the closest proximity. Properly speaking, we may not even speak of one caste imitating another but rather one local section of a caste imitating another local section (Italics mine). (Page 13 & 16) The role of the dominant caste was not, however, restricted to being the guardian of a pluralistic culture. It also stimulated in lower castes a desire to imitate the dominant caste's own prestigious style of life. The lower castes had to go about this task with circumspection- any attempt to rush things was likely to meet with swift reprisal. They had to avoid imitating in matters likely to upset the dominant caste too much, and their chances of success were much better if they slowly inched their way to their goal. (Page 16) In more recent years the Padaiyachis (who have changed their name to Vanniya Kula Kshatriyas), have laid claim to Kshatriya status. In pre-British times a claim to Kshatriya status was generally preceded by the possession of political power at the village if not higher levels, and a borrowing of the life-style of the Kshatriyas. This set off a chain reaction among the low castes, each of which imitated what it considered to be the Kshatriya style of life. (Page 21) According to Stein, then, social mobility in medieval India was closely bound up with spatial mobility; and the availability of potentially arable land along with others factors such as floods, droughts, epidemics and excessive tribute demands stimulated migration. There were also obstacles to movement, but they were not insuperable. His mention of the existence of subdivisions among the agrarian Vellalas is peculiarly apt, and subdivisions have similarly proliferated among other peasant castes such as Nayar, Kamma, Reddi, Okkaliga and Maratha. A section which moved out became a separate endogamous jati after the lapse of several years, and true to caste tradition, each such jati claimed to be superior to the others. One division may change its occupation ever so slightly, or adopt a new custom, or become more or less Sanskritized in its style of life than the others. The forces released during British rule, and subsequently, have led to these jatis coming together to form large castes. The process is still active, and different section of a jati are differently affected by it. The forces released during British rule, and subsequently, have led to these jatis coming together to form large castes. The process is still active, and different section of a jati are differently affected by it. I have called this an increase in "horizontal solidarity", but the jatis subsumed in the emergent entity are not, strictly speaking, equal. Stein's other point - that "the model of the contemporary competition of ethnic units for enhanced rank within a narrow, local ranking system is inappropriate" for understanding social mobility in pre-British India -is also important in that it helps to account for cultural variations between sections of the same caste living in different areas. A family or group of families would have greater freedom to adopt the Sanskritic style of life in a new area where they were unknown than in their natal area where the locally dominant caste knew them. In other words, migration made "passing" possible, and the mobile group was able to assume new and prestigious cultural robes. But even within a narrow region the dominant caste of political chief did not have unlimited power, and this allowed low castes a certain amount of elbowroom. This is not to deny, however, that mobility within a localized ranking system, such as that described by Pocock, is the result of British rule." (Pages 41 and 42) Ref: Social Change in Modern India, M.N.Srinivas, Orient Longman,2005 Edition (Reprint) 16. If it is seen in the context of the above academic background, the news item which gave rise to the petitioner's complaint is not worth being enquired into. The respondent has rightly rejected in taking cognizance of an offence which has not made out in the complaint of the petitioner. The complaint do not disclose any offence of defamation or any offence creating hatred between two communities. Further, the news item showed a right of reply given to a community representative. Hence, it cannot be said to be an one sided news item. Therefore, the respondent cannot be held to be guilty of any wilfull disobedience of the order passed by this Court. 17. In the light of the above, the contempt petition stands dismissed. The Sub-Application also stands dismissed.