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Madras High CourtSUB A(MD)/153/2021dismissed

R.Venkataraman v. Thiru K. Phanindra Reddy Ias

2021-08-25Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY in CONT P(MD).No.SR25996 of 2021 in W.P.(MD).No.14428 of 2017 R.Venkataraman ...3rd Petitioner/Petitioner in SUB. (MD). No.153 of 2021 ...3rd Petitioner/Petitioner in CONT P(MD).No.SR25996 of 2021 Vs.

1.Thiru K.Phanindra Reddy IAS (Formerly the Commissioner-HR & CE) presently working as The Principal Secretary / Commissioner, Revenue Administration, Disaster Management & Mitigation Department, Ezhilagam Building, Chepauk, Chennai-600 005.

2.Dr.S.Prabhakar IAS, The Commissioner, The Hindu Religious and Cultural Endowments Department, No.119, Nungambakkam High Road, Nungambakkam, Chennai-600 034.

...Respondents/Contemnors

in SUB. (MD). No.153 of 2021

...Respondents/Contemnors

in CONT P(MD).No.SR25996 of 2021 Prayer in SUB. (MD). No.153 of 2021: Sub Petition filed under Section 151 of Civil Procedure Code, to allow this leave petition to sue may be taken in the main contempt petition in W.P.(MD).No.14428 of 2017, dated 12.02.2018.

Prayer in CONT P(MD).No.SR25996 of 2021: Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971, to punish the first and second respondents for the willful, intentional disobedience and failure to comply with the directions in the order dated 12.02.2018 in W.P.(MD).No.14428 of 2017. 1/3

Prayer in WP(MD). 14428 of 2017 :

Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus calling for the records in Na.Ka.No.65/2017/E-1 dated 30.06.2017 on the file of the third respondent and quash the same and direct the respondents two and three to take action against the fourth respondent and recover the temple lands, more specifically mentioned in the annexure enclosed along with the affidavit.

In both petitions For Petitioner : Mr.R.Venkataraman (Party in Person) For Respondents : Mr.P.Subbaraj **** COMMON ORDER The petitioner seeks leave to file a contempt petition in respect of an order dated 12.02.2018 in W.P.(MD) No.14428 of 2017.

2. The admitted possession is that the petitioner was not a party to WP(MD)No.14428 of 2017. As a third party to the above Writ Petition, the petitioner cannot institute contempt proceedings alleging the willful disobedience of an order to which he was not a party. However, if the petitioner has any grievance with regard to the non-compliance of directions issued to the official respondents in the said order dated 12.02.2018, it is always open to the petitioner to institute appropriate independent proceedings in such regard.

3. With the above observations, Sub Application.(MD).No.153 of 2021 is dismissed without any order as to costs. Consequently, Cont.P.(MD).No.SR25996 of 2021 is rejected.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg To 1.The Principal Secretary / Commissioner, Revenue Administration, Disaster Management & Mitigation Department, Ezhilagam Building, Chepauk, Chennai-600 005.

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2.The Commissioner, The Hindu Religious and Cultural Endowments Department, No.119, Nungambakkam High Road, Nungambakkam, Chennai-600 034 in CONT P(MD).No.SR25996 of 2021 in W.P.(MD).No.14428 of 2017 25.08.2021 MGJ(03.09.2021) 3P 3C 3/3