Kongu Vellalar Mat.Hr.Sec.Sch. v. Veera Shanmuga Mani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2015

CORAM

THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN Contempt Petition No.1301 of 2015 Kongu Vellalar Matric Higher Secondary School rep.by its Correspondent Mr.T.N.Chenniappan Perundurai District ..

Petitioner -vs1. Mr.Veera Shanmuga Mani The Commissioner Hindu Religious & Charitable Endowments Department Nungambakkam Chennai 600 034

2. Mr.Sugumaran Executive Officer Arulmighu Sellandiamman Thirukoil Perundurai Nagar and Taluk Erode District .. Respondents Petition under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for wilful disobedience of the order of this Court dated 2.9.2014 made in W.P.No.7058 of 2014.

For Petitioner ::

Mrs.V.S.Usha Rani For Respondents ::

Mr.K.V.Dhanapalan Additional Government Pleader for R1 Mr.N.Anand Venkatesh for R2

ORDER

The petitioner has come up with the above contempt petition, on the ground that the second respondent has not entered into a fresh lease deed on the terms and conditions stipulated in the interim order passed by the Division Bench.

2. Heard Mrs.V.S.Usha Rani, learned counsel for the petitioner, Mr.K.V.Dhanapalan, learned Additional Government Pleader for the first respondent-HR & CE and Mr.N.Anand Venkatesh, learned counsel for the second respondent-Temple.

3. According to the petitioner, they are now complying with the terms and conditions as stipulated in the interim order passed by the Division Bench. But so far no fresh lease deed is executed. According to the learned counsel for the second respondent, Section 34 of the Act is a bar for execution of a lease deed for a period exceeding five years, without the approval of the Government. The writ appeal itself is slated for final hearing in the last week of August, 2015.

4. In such circumstances, the second respondent shall execute a lease deed at least for one year to enable the school to continue to run without any interruption, if the

petitioner has acted in accordance with the terms and conditions stipulated by the Division Bench. The fresh lease deed shall be executed within a period of two weeks from the date of receipt of a copy of this order. With this observation, the contempt petition stands closed. Ss SD/ DEPUTY REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2015. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

RLD/CO/10/08/2015 One CC to M/s.V.S.Usharani, Advocate, SR.10232 To

1. Mr.Veera Shanmuga Mani The Commissioner Hindu Religious & Charitable Endowments Department Nungambakkam Chennai 600 034

2. Mr.Sugumaran Executive Officer Arulmighu Sellandiamman Thirukoil Perundurai Nagar and Taluk Erode District