Maharajan v. Illayaraja

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Contempt Petition No.886 of 2018 Maharajan ... Petitioner -vs1. Illayaraja, The Assistant Commissioner, Hindu Religious & Charitable Endowment Board, Madurai.

2. Thakkar/Executive Officer, Arulmigu Baladandayudapani Temple, Madurai.

3. Mrs.Sakkarai Ammal, (Thakkar), (In her personnel capacity), Arulmigu Baladandayudapani Temple, Madurai.

... Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for the willful disobedience of the order passed by this Court in WP.No.27037 of 2017 dated 06.11.2017.

For Petitioner : Mr.R.Udayakumar For Respondents : Mr.M.Maharaja, Special Government Pleader (HR & CE)

O R D E R

Though this contempt petition is filed against three persons, by showing them as respondents viz., Illayaraja, Assistant Commissioner, Hindu Religious & Charitable Endowment Board, Madurai, the Thakkar/Executive Officer, Arulmigu Baladandayudapani Temple, Madurai and Mrs.Sakkarai Ammal, (Thakkar), Arulmigu Baladandayudapani Temple, Madurai, the learned counsel for the petitioner, however, sought to contend that the order passed by this Court, directing the first respondent in WP.No.27037 of 2017 viz., the Secretary to Government Hindu Religious & Charitable Endowment Department to dispose of the revision within a period of twelve weeks, has not been complied with so far.

2. When the present contempt petition is filed only against the above said three persons, without impleading the Secretary to Government, Hindu Religious & Charitable Endowment Department as a party/respondent, the petitioner is not entitled to make such allegation against the person, who is not a party before this Court in the contempt petition.

3. At this juncture, the learned counsel for the petitioner seeks permission of this Court to file a fresh contempt petition by withdrawing the present contempt petition.

4. Since there is no procedure for withdrawal of the contempt petition, this Contempt Petition is closed, however, by granting liberty to the petitioner to file a fresh contempt petition.

SD/- ASSISTANT REGISTRAR(COMM.CASES) krk/mk //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

PS/08/10/2018 one cc to Special Govt. Pleader(HR&CE) S.R.No.13835