Aravindhan v. Manivasan I.A.S.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR CONT.P.(MD)No.379 of 2024 Aravindhan ... Petitioner -Vs1.Mr.Manivasan, I.A.S., The Government of Tamil Nadu, Rep. by its Secretary, Hindu Religious and Charitable Endowments Department, Secretariat, Chennai-600 009.

2.Mr.Muralidharan, I.A.S., Commissioner, Hindu Religious and Charitable Endowments Department, Chennai-600 034.

... Respondents PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, 1971, praying this Court to punish the contemnors / respondents for the willful disobedience and non-compliance of the order passed by this Court in W.P. (MD)No.26938 of 2022, dated 02.12.2022.

For Petitioner : Mr.R.Maheswaran For Respondents : Mr.S.P.Maharajan, Special Government Pleader

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Contempt Petition is filed alleging non-compliance of the order of this Court dated 02.12.2022 made in W.P.(MD)No.26938 of 2022. 2.Today, when the matter is taken up for hearing, the learned Special Government Pleader appearing for the respondents has made a submission that pursuant to the order of this Court dated 02.12.2022, the proceedings under Section 78 of the HR & CE Act was initiated and totally, 17 petitions for eviction are pending before the Joint Commissioner for adjudication. He further submitted that the Temple has filed 24 cases against the proceedings of the Settlement Officer for a comprehensive relief of declaration and recovery of possession. Out of 24 suits, 13 suits ended in favour of the Temple and other suits are pending before the District Munsif Court, Peravoorani for adjudication. At this juncture, the petitioner has filed this Contempt Petition. Therefore, this Contempt Petition is not maintainable.

3.He further made a submission that the trustee of the Temple is also one of the encroachers and action has also been taken against the trustee of the Temple.

4.In view of the above, this Contempt Petition stands dismissed with liberty to the petitioner to workout his remedy before the appropriate forum in the manner known to law.

[D.K.K., J.] & [R.V., J.] 11.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.Mr.Manivasan, I.A.S., The Government of Tamil Nadu, Rep. by its Secretary, Hindu Religious and Charitable Endowments Department, Secretariat, Chennai-600 009.

2.Mr.Muralidharan, I.A.S., Commissioner, Hindu Religious and Charitable Endowments Department, Chennai-600 034.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva CONT.P.(MD)No.379 of 2024 11.03.2024