P.C. Chandran v. K.Chelladurai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2023

CORAM

THE HONOURABLE MR. JUSTICE C.SARAVANAN 1.P.C.Chandran 2.Krishnan ... Petitioners Vs.

K.Chelladurai, The Joint Commissioner, Hindu Religious and Charitable Endowments, Madurai, Madurai District.

...Contemnor Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to initiate contempt proceedings against the contemnor / respondent no.2 and punish him for wilful disobedience of the order of the High Court in W.P.(MD)No.2409 of 2022 dated 30.03.2022.

For Petitioners :

Mr.S.Rajasekar for M/s.Lajapathi Roy and Associates For Contemnor :

Mr.M.Senthil Ayyanar, Government Advocate

ORDER

This Contempt Petition has been filed for alleged violation of order dated 30.03.2022 in W.P.(MD)No.2409 of 2022.

2. The operative portion of the order reads as follows. "3. Under these circumstances, I dispose this writ petition by directing the Joint Commissioner to dispose O.A.No.19 of 2021, in which the petitioners have impleaded themselves as respondents. This exercise shall be carried out by the second respondent within a period of six months from the date of receipt of copy of this order. The second respondent is therefore directed to pass appropriate orders in accordance with law keeping in mind the provisions of the Hindu Religious and Charitable Endowments Act, 1959 and Constitution of India and other enactments that are applicable..."

3. The learned counsel appearing on behalf of the respondent would submit that both the petitioners and the private respondents in W.P.(MD)No.2409 of 2022 were not present for the hearing of the Original Application in O.A.No19 of 2021 and hence, the same was dismissed for default on 12.04.2020.

4. In view of the above submission, there is no merits in the Contempt Petition and the the Contempt Petition stands dismissed. 18.04.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

C.SARAVANAN , J.

mbi 18.04.2023