Madras High CourtSUB APPL/211/2017dismissed

R.Karbagavalli v. M.Veerashanmugamony, Ias

2021-09-29Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(CONTEMPT JURISDICTION) WEDNESDAY, THE 29TH DAY OF SEPTEMBER, 2021 THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM SUB.APPLICATION NO.211 OF 2017 IN CONTEMPT PETITION No.612 OF 2017 IN WP.NO.17932 OF 2017 ************ R.KARBAGAVALLI W/O.A.RAVICHANDRAN NO.23, MANDAVELLI LANE CHENNAI-600 028.

... PETITIONER/ PETITIONER Vs 1 M.VEERASHANMUGAMONY, I.A.S., STATE REP. BY THE COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS NUNGAMBAKKAM, CHENNAI-600 034.

2 AT.PARAN JOTHI, DEPUTY COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS NUNGAMBAKKAM, CHENNAI- 600 034.

3 P.VIJAYA ASSISTANT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS NUNGAMBAKKAM, CHENNAI-600 034.

4 KAVERI, THE EXECUTIVE OFFICER ARULMIGU KABALIESWARAR KOVIL MYLAPORE, CHENNAI-600 004.

...RESPONDENTS/RESPONDENTS

Sub Application filed under Section 151 of CPC praying this Court be pleased to re-open the Contempt Petition No.612 of 2017 in WP.No.17932 of 2016 which was closed(Exparte) on 02.06.2017. The above Sub Application coming on this day before this Court for hearing in the presence of M/s.G.Surya Narayanan, learned counsel appearing for the Petitioner herein; and of Mr.N.R.R.Arun Natarajan, Government Advocate appearing for the Respondents No.1 to 4 herein; and upon reading the petition and the affidavit of R.Karbagavalli filed in the Contempt Petition herein; the Court made the following order:- " The sub application is filed to reopen the Cont. Petition No.612 of 2017 in WP.No.17932 of 2016, which was closed on 02.06.2017.

2. The order passed by this Court on 02.06.2017 speaks that the matter was called and there was no appearance on behalf of the petitioner. However, the learned Special Government counsel appearing on behalf of the HR&CE made a submission that the first floor of the house is now with the possession of the temple authorities and the said first floor is sealed already and the authorities have already initiated action under the provisions of the Act.

3. It is contended that the possession of first floor had already been taken by the authorities even at the time of passing of the order in the contempt petition on 02.06.2017. This being the factum, the contempt

need not be reopened, as the petitioner has not established any ground for such reopen. Accordingly the sub application stands dismissed." WITNESS THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE OF HIGH COURT AT MADRAS, AS AFORESAID, THIS THE 29th DAY OF SEPTEMBER, 2021.

SD/- ASSISTANT REGISTRAR(COMM.CASES) //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.

MK/20/10/2021 SUB.APPLICATION NO.211 OF 2017 IN CONTEMPT PETITION No.612 OF 2017 THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM ORDER DATED :29/09/2021 FOR APPROVAL : 25/10/2021 APPROVED ON : 25/10/2021 To 1 Mr.M.VEERASHANMUGAMONY, I.A.S., STATE REP. BY THE COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS NUNGAMBAKKAM, CHENNAI-600 034.

2 Mr.A.T.PARAN JOTHI, DEPUTY COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS NUNGAMBAKKAM, CHENNAI- 600 034.

3 Mrs.P.VIJAYA ASSISTANT COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS NUNGAMBAKKAM, CHENNAI-600 034.

4 M/s.KAVERI, EXECUTIVE OFFICER ARULMIGU KABALIESWARAR KOVIL MYLAPORE, CHENNAI-600 004.