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Madras High CourtCONT P/1836/2017dismissed

Tmt.Deivamaniganapathy, v. Mr.K.Nanthakumar,

2017-12-15Honourable Mr Justice T. S. Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2017

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Contempt Petition No.1836 of 2017 Tmt.Deivamaniganapathy ... Petitioner Vs.

Mr.K.Nanthakumar, Formerly the District Collector, Perambalur District, Perambalur.

[now presently discharging duty as State Project Director, State Project Directorate, Sarva Shiksha Abhiyan, Subba Road Avenue, Nungambakkam, Chennai-600 008.] ... Respondent Petition filed under Section 11 of the Contempt of Court Act, 1971 praying to punish the respondent for the willful disobedience and violation of the order dated 17.12.2015 passed in W.P.No.4077 of 2015 on the file of this Court.

For Petitioner :

Mr.R.Murali For Respondent :

Mr.R.Rajeswaran, Special Government Pleader :

Mr.M.Maharaja, Special Government Pleader for HR & CE.

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O R D E R

Heard Mr.R.Murali, learned counsel for the petitioner, Mr.R.Rajeswaran, learned Special Government Pleader for the respondent and Mr.M.Maharaja, learned Special Government Pleader for the HR & CE.

2.This contempt petition has been filed alleging wilful disobedience of the order and direction issued in W.P.No.4077 of 2015 dated 17.12.2015. From the averments set out in the counter affidavit filed by the District Collector, I find that there is no wilful disobedience of the order. Therefore, this contempt petition stands dismissed. 3.Learned counsel for the HR & CE Department submitted that four of the so-called lessees of the temple are squatting in the temple property. When eviction proceedings were initiated, they have filed civil suits before the District Munsif Court, Perambalur in O.S.Nos.229 to 232 of 2013. It appears that in those suits, interim orders have already been granted. It is not clear as to whether the HR & CE Department, which has been impleaded as defendants, are effectively defending the matter to safeguard the rights of the temple. However, since the suits are of the year 2013, there will be a direction to the District Munsif Court, Perambalur to dispose of the four suits as

expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. No costs. 15.12.2017 abr Index:Yes/No To Mr.K.Nanthakumar, Formerly the District Collector, Perambalur District, Perambalur.

[now presently discharging duty as State Project Director, State Project Directorate, Sarva Shiksha Abhiyan, Subba Road Avenue, Nungambakkam, Chennai-600 008.]

T.S.SIVAGNANAM, J.

abr Contempt Petition No.1836 of 2017 15.12.2017