Jayaraman v. Varadarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Contempt Petition No.2653 of 2018 in W.P.No.30871 of 2017 M.Jayaraman ... Petitioner vs.

1.Mr.Varadarajan, The Joint Commissioner, HR and CE Department, Salem.

2.Mr.T.K.Ramachandran, The Commissioner, Hr and Ce Department, Chennai.

3.Mr.Maha Vishnu, Presently Fit Person/Inspector Arulmighu Sellandi Amman Temple, Keelsathambur Village, Paramathi Velur Taluk, Namakkal District.

4.Thirumathi Indira, (formerly Inspector at Sellandi Amman Temple) Inspector, Dharmapuri Zone, HR and CE, Dharmapuri.

... Respondents Prayer:

Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for having willfully disobeyed the orders passed on 29.11.2017 made in W.P.No.30871 of 2017. For Petitioner : Mr.B.Jagannath For Respondents : Mr.M.Maharaja, Special Government Pleader (HR & CE)

O R D E R

This Contempt Petition is filed complaining that the order passed by this Court in W.P.No.30871 of 2017 dated 29.11.2017 has not been complied with.

2. This Court disposed of the said writ petition with a direction to the respondents therein to complete the enquiry and pass final orders on the petitioner's representation dated 13.10.2017, wherein and whereby, he made certain complaints with regard to the demolition of certain old temples under the guise of putting up new construction at Namakkal District.

3. When this Contempt Petition is taken up for admission Mr.M.Maharaja, learned Special Government Pleader(HR & CE) takes notice for the respondents and submitted that the order passed by this Court in the above said Writ Petition has been complied with by issuing proceedings dated 25.07.2018 by the Joint Commissioner, HR and CE Department, Salem and the said copy is also marked to the petitioner. Therefore, he submitted that the grievance of the petitioner is not factually correct.

4. On the other hand, the learned counsel for the petitioner submitted that the respondents have not in fact redressed the grievance of petitioner in full and therefore, the petitioner may be given liberty to work out his remedy in a manner known to law.

5. Since this Court has only passed an order directing the respondents to dispose of the representation of the petitioner by passing final order and as it is seen that an order is passed on 25.07.2018 as stated supra, it is for the petitioner to work out against the said order separately through appropriate proceedings, if he has any further grievance against same. Accordingly, this Contempt Petition is closed by granting liberty to the petitioner as stated supra. No costs.

SD/- ASSISTANT REGISTRAR(COMM.CASES) gsi/vsi //Certified to be true copy// Dated at Madras this the day of 2019. 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/28/12/2018 To 1.The Joint Commissioner, HR and CE Department, Salem.

2.The Commissioner, HR and CE Department, Chennai.

3. Presently Fit Person/Inspector Arulmighu Sellandi Amman Temple, Keelsathambur Village, Paramathi Velur Taluk, Namakkal District.

4.Inspector, Dharmapuri Zone, Hr and Ce, Dharmapuri.