S.Palaniraja v. K.Krishnakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL and Sub Appln.No.116 of 2022 in S.Palaniraja S/o.S.Subramaniayan ... Petitioner .Vs.

K.Krishnakumar The Executive Officer Arulmigu Sowriraja Perumal Temple Thirukannapuram, Nagapattinam District.

... Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act 1971, praying to punish the respondents for their willful disobedience of the order of this Hon'ble Court made in W.P.No.23503 of 2017 dated 05.09.2017.

Page Nos.1/6

For Petitioner :

Mr.D.Padmanabhan For Respondents :

Mr.R.Bharanidharan for respondent

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned contempt petition and captioned sub application thereat.

2. Today, Mr.D.Padmanabhan, learned counsel for petitioner and Mr.R.Bharanidharan, learned counsel on record for lone respondent in contempt petition are before us.

3. Before proceeding further, we need to refer to captioned sub application No.116 of 2022 which has been taken out with a prayer to implead Joint Commissioner of 'Tamil Nadu Hindu Religious and Charitable Endowments Department' [hereinafter 'TNHR&CE Dept' for the sake of brevity] Tanjore, Assistant Commissioner of TNHR&CE Dept, Tiruvarur and the District Revenue Officer, Tiruvarur District in captioned main contempt petition.

Page Nos.2/6

4. Mr.S.Yashwanth, learned Additional Government Pleader for Joint Commissioner of TNHR&CE Dept, Tanjore, Assistant Commissioner of TNHR&CE Dept, Tiruvarur and Mr.S.John J.Raja Singh, lead by Mr.P.Kumaresan, learned Additional Advocate General for District Revenue Officer, Tiruvarur are before us.

5. As the contempt petition is heading for a closure, we deem it appropriate to say that it may not be necessary to allow sub application and go through the consequential procedural formalities. It would suffice if their presence is noted and their submissions are recorded as sub application is on Board. State counsel representing parties sought to be impleaded are before this Court. All the aforementioned counsel i.e., Mr.D.Padmanabhan, learned counsel for petitioner, Mr.R.Bharanidharan, learned counsel for Executive Officer of the Temple (lone respondent in main contempt petition), Mr.S.Yashwanth, learned Additional Government Pleader for Joint Commissioner and Assistant Commissioner of TNHR&CE Dept and Mr.S.John J.Raja Singh, lead by Mr.P.Kumaresan, learned Additional Advocate General for the jurisdictional District Revenue Officer submit in Page Nos.3/6

one voice that not only necessary orders have since been passed by the jurisdictional Revenue Divisional Officer but the directive qua paragraph 7 of original order dated 05.09.2017 in W.P.No.23503 of 2017 made by a Hon'ble Division Bench headed by then Hon'ble Chief Justice to which one of us (M.Sundar.J.,) was a party has since been duly complied. To be noted, paragraph No.7 of original order reads as follows: '7. The learned Special Government Pleader (HR&CE) appearing for respondents 2 to 4 and 6, assures this Court that adequate steps will be taken under the said Act and that they will secure and safeguard this 6.50 acres also in a manner known to law. The learned Special Government Pleader states that the process of securing and safeguarding the above said 6.50 acres shall be commenced forthwith and concluded within three months. This submission is recorded.'

6. It is further submitted in one voice by all the parties that the entire parcels of land referred to in paragraph No.7 is now in the possession of Arulmigu Sowriraja Perumal Temple, Thirukkannapuram, Nagapattinam District.

Page Nos.4/6

7. Recording the stated position of all parties, captioned Contempt Petition is disposed of as closed. Though obvious, we make it clear that the lone respondent in contempt petition will now stand purged of the alleged contempt. Consequently, connected sub application is also disposed of as closed.

(M.S.,J.) (R.S.V.,J.) 15.06.2023 Index : Yes / No Speaking / Non-speaking order mk Page Nos.5/6

M.SUNDAR, J., and R.SAKTHIVEL, J., mk and Sub Appln.No.116 of 2022 in 15.06.2023 Page Nos.6/6