P.Shanmugaganapathy v. J.Kumarakuruparan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2022

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR In W.P.(MD).No.1719 of 2022 P.Shanmugaganapathy

...Petitioner/Petitioner

.Vs.

1.J.Kumarakuruparan, The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Road, Thousand Lights West, Nungambakkam, Chennai - 600 034.

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

...Contemnors/1st and 2nd Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, praying this Court to punish the respondent herein for committing grave contempt and gross disobedience of the order passed by this Court in W.P.(MD).No.1719 of 2022 dated 23.02.2022.

For Petitioner : Mr.V.R.Shanmuganathan For Respondents : Mr.P.T.Thiraviam, Government Pleader.

ORDER

Alleging wilful disobedience of the order passed by this Court in W.P.(MD).No.1719 of 2022, this Contempt Petition has been filed.

2. The learned Counsel appearing for the petitioner submitted that this Court, by order dated 23.02.2022, in W.P.(MD).No.1719 of 2022, directed the second respondent therein, to pass orders regarding the election held pursuant to the order of this Court, dated 15.10.2020, in W.P.(MD).No.14398 of 2020 within a period of four weeks from the date of receipt of a copy of this order. But, the respondents have not comply with the said order. Hence, this petition has been filed.

3. The learned Government Advocate appearing for the respondents submitted that the non hereditary trustees have been appointed to the petitioner's temple. The Commissioner in his proceedings br.K.e.f.vz;.56037/2021(1)/m.1 dated 20.07.2022 had

appointed three persons as non hereditary trustees and thus, complied the order. Hence, he pleaded to dismiss the petition.

4. The learned counsel for the petitioner submitted that five hereditary trustees should be appointed and in this case only 3 hereditary trustees are appointed. According to the petitioner, the order of this Court in W.P.(MD).No.1719 of 2022 dated 23.02.2022 is partly complied with.

5. Recording the submissions made by learned counsel for both the parties, this Contempt Petition stands dismissed with a liberty to the petitioner to challenge the order of the Commissioner. 28.07.2022 Index:Yes/No Internet:Yes/No Nsr To The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Thanjavur.

M.NIRMAL KUMAR , J.

Nsr In W.P.(MD).No.1719 of 2022 28.07.2022