Heritage Consevation Society v. B. Chandra Mohan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.02.2022 CORAM :

THE HONOURABLE MR. JUSTICE R. MAHADEVAN and THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU Contempt Petition No. 1121 of 2021 --- Heritage Conservation Society represented by Secretary Mr. Srikumar No.102/x, Kurinji Street Polepettai, Tuticorin .. Petitioner

Versus

1. B. Chandra Mohan The Secretary Government of Tamil Nadu Tourism, Culture and Religious Endowment Department Secretariat, Chennai - 600 009

2. J. Kumara Gurubaran The Commissioner Hindu Religious and Charitable Endowment Department Chennai - 600 034 .. Respondents Petition filed under Section 11 of The Contempt of Courts Act praying to initiate contempt proceedings against the respondents for violating the order dated 07.06.2021 passed by this Court in Suo Motu WP No. 574 of 2015 and punish the respondents for undermining the majesty of justice. For Petitioner :

Mr. SP. Chockalingam For Respondent :

Mr. T. Chandrasekaran Special Government Pleader (HR & CE) 1/3

ORDER

(Order of the Court was made by R. MAHADEVAN, J) The petitioner has filed this contempt petition against the respondents complaining non-compliance of the order dated 07.06.2021 passed by this Court in Suo Motu WP No. 574 of 2015.

2.

The present contempt petition is filed alleging that the respondents have violated the direction No.33 issued by this Court in the order dated 07.06.2021. As per the said direction, the respondents shall not alienate or give away the lands contrary to the wish of the donor and the lands shall always remain with the temples. However, the respondents herein had issued a Circular in R.C. No. 45479/2021/M3 dated 16.06.2021 for alienation of the temple lands, which according to the petitioner is in clear violation of the directions issued by this Court.

3.

Today when this contempt petition is taken up for hearing, the learned Special Government Pleader produced a memo dated 30th December 2021 filed on behalf of the second respondent stating that the Circular dated 16.06.2021 and the subsequent clarification dated 01.07.2021 issued by the Commissioner, HR & CE Department have been withdrawn by issuing a Circular in R.C. No. 45479/2021/M3 dated 17.12.2021. 2/3

4.

In the light of the above, by recording the memo dated 30.12.2021 filed on behalf of the second respondent, this contempt petition is closed. No costs. Consequently, Sub-application No. 340 of 2021 is also closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) rsh //Certified to be true copy// Dated at Madras this the day of 2022. 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/30/05/2022 To

1. The Secretary Government of Tamil Nadu Tourism, Culture and Religious Endowment Department Secretariat, Chennai - 600 009

2. The Commissioner Hindu Religious and Charitable Endowment Department Chennai - 600 034 3/3