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Madras High CourtCONT P/538/2020closed

Sri Maha Ganapathi v. Gowri Sankar,

2021-11-24Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2021

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Contempt Petition No.538 of 2020 Sri Maha Ganapathi, Sri Maha Mariamman Thirukovil Trust, Represented by its Trustee / Secretary, Thiru.M.D.Raju, S/o.Duraisamy Chettiar, No.25, Bharathidasan Street, Madathukulam Taluk, Aathur, Koluman Post, Tiruppur District.

...Petitioner

Vs.

1.Thiru.Gowri Sankar, Zonal Deputy Tahsildar (INCharge) Tahsildar Madathukulam Taluk, Udumalpet, Tiruppur District.

2.Thiru.K.Phanindra Reddy I.A.S Principal Secretary / Commissioner Hindu Religious Charitable Endowments Department (HR & CE) No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

...Respondents

Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act 1971, to punish the respondents for willful disobedience and violation of the order of Hon'ble Court passed in W.P.No.15122/2016 dated 28.02.2019. For Petitioner : Mr.E.J.Ayyappan 1/4

For Respondents : Mr.C.Selvaraj Additional Government Pleader

ORDER

The Contempt Petition is filed to punish the respondents for willful disobedience and violation of the order of Hon'ble Court passed in W.P.No.15122 of 2016 dated 28.02.2019.

2. This Court passed an order on 28.02.2019 in W.P.No.15122 of 2016 as follows:

"7. Accordingly, the petitioner and the respondents 4 and 5 are directed to appear before the second respondent for an enquiry to resolve their disputes. The second respondent is directed to issue notice to the parties as well as any other interested persons concerned and call for a Peace Committee Meeting on 11.03.2019.

8. The Assistant Commissioner, H.R & C.E, Tiruppur either by himself or nominate any Executive Officer from the nearby Temple to be present during the conduct of the enquiry in accordance with law. The enquiry proceedings shall be completed on or before 30.03.2019.

9. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed."

3. The second respondent filed a counter affidavit, stating that as directed by the Hon'ble High Court, the Peace Committee Meeting was 2/4

conducted by the second respondent and the following persons attended the Peace Committee Meeting on 16.05.2019 and on 07.09.2019:

1. Inspector of Police, Madathukulam

2. Executive Officer, Thanteshwarar Thirukoil, Madathukulam.

3. Inspector HR & CE, Tiruppur.

4. A Team 13 persons in favour of Raju.

5. B Team 8 Persons headed by Ramasamy.

4. It is further stated in the counter affidavit that the first peace committee meeting was conducted by the second respondent on 16.5.2019 and the petitioner has not attended the peace committee meeting. Hence, the meeting was postponed to 07.06.2019 and the second peace committee meeting was conducted on 07.06.2019 by the second respondent, petitioner not attened the meeting 13 persons attend the meeting in favour of petitioner. After conducting the peace committee meeting can not yet any conclusion for above the matter, so that report was sent to the Revenue Divisional Officer, Udumalpet who is the controlling officer for the second respondent. The Revenue Divisional Officer, Udumalpet has conducted an enquiry on 10.02.2020 and directed the second respondent to issue final orders based on the peace committee meeting conducted on 07.06.2019 by the second respondent.

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5. It is contended that the Peace Committee Meeting was conducted after issued notice to the petitioner and other persons with concerned officials and final orders were issued by the second respondent in proceedings dated 31.10.2020.

6. This being the factum, the respondents have not committed any willful disobedience of the orders passed by this Court and thus, the Contempt Petition stands closed. No costs.

SD/- ASSISTANT REGISTRAR(COMM.CASES) kak //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/30/11/2021 To 1.The Zonal Deputy Tahsildar (INCharge) Tahsildar Madathukulam Taluk, Udumalpet, Tiruppur District.

2.The Principal Secretary / Commissioner Hindu Religious Charitable Endowments Department (HR & CE) No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

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