Athisamy v. M.Elumalai And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2024

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Athisamy ...

Petitioner Vs.

1.M.Elumalai, Tahsildar, Gingee Taluk Office, Gingee Taluk, Villupuram District.

2.J.Krishnadass, Tahsildar, Villupuram Taluk Office, Villupuram Taluk, Villupuram District.

...

Respondents PRAYER: Contempt petition filed under Section 11 of Contempt of Court Act, 1971, to punish the respondents for not complying with the order dated 20.04.2023 passed by this Court in W.P.No.8072 of 2023. For Petitioner : Mr.S.M.Muralidharan For Respondent : Mr.S.Balaji

Government Advocate (Crl.Side)

O R D E R

This petition is filed to punish the respondents for not complying with the order dated 20.04.2023, passed by this Court in W.P.No.8072 of 2023. 2.When the matter is taken up today, the proceedings of the peace committee meeting held on 15.02.2024 is produced. Both A and B parties had participated in the meeting and it appears that the petitioner had participated on behalf of B party. As per the demand of A party, they want to administer the Krishnan Kovil. They have no objection for other community people to worship in the Krishnan Kovil. In respect of other temples, they must have a say in the administration and maintenance of the accounts and a suit is filed in this regard. B party's demand is that all the temples in the village should be administered by the Dharmakartha and the administration of accounts should be maintained in common. They have no objection for the villagers to worship in all temples.

3.On the basis of the decision taken by A and B party, the following resolutions were passed:

(i) In Krishnan Kovil and other five temples in the village, all the villagers can participate in the temple festival. (ii) The management of the temple and its accounts should be decided only on the basis of the judgment to be delivered in the Civil case. (iii) Both parties can participate in the ensuing Murugan temple festival from 7th to 15th March 2024. It was also recorded that B party has not given consent for participating in the Murugan temple festival. Similarly, A party has not given consent for participating in the Uriyadi festival in Krishnan Kovil. The parties A and B have signed in approval of this resolution.

4.From the records, it is clear that A party had already filed a Civil

suit. Though the details of the suit has not been produced, the dispute primarily appears to be maintenance of the temples and its accounts. It can be resolved only by a competent Civil Court. Therefore, the parties are advised to get the remedy in the pending civil suit, if any already filed or to be filed in future.

5.In this view of the matter, this Court finds that there is no need to pass any order in this petition. Accordingly, this Contempt Petition is closed.

16.02.2024 sli Internet:Yes Index:Yes/No Speaking/Non speaking order NCC: Yes/No

To:

1.M.Elumalai, Tahsildar, Gingee Taluk Office, Gingee Taluk, Villupuram District.

2.J.Krishnadass, Tahsildar, Villupuram Taluk Office, Villupuram Taluk, Villupuram District.

3.The Public Prosecutor, High Court of Madras.

G.CHANDRASEKHARAN,J.

sli 16.02.2024