Athikesava Bhaktharkal Seva Trust v. D.Rathinavel Pandian

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.P.(MD)No.9077 of 2021 Athikesava Bhaktharkal Seva Trust, (Registration No.655/2002), Represented by its Secretary, Aanayadi, Veyanoor, Kanyakumari District - 629 251.

... Petitioner -vsD.Rathinavel Pandian, The Joint Commissioner/Executive Officer, Kanyakumari Devosom Board, Kanniyakumari District Temples, Suchindram, Kanyakumari District.

... Contemnor/Respondent PRAYER: Petition filed under Section 11 of Contempt of Courts Act, 1971, to punish the Contemnor/respondent, for his deliberate and wilful disobedience of the order of this Court dated 01.06.2021 in W.P.(MD)No. 9077 of 2021 under Article 215 of the Constitution of India read with Section 11 of the Contempt of Courts Act, 1971. For Petitioner : Mr.K.Ragatheesh Kumar For Respondent : Mr.K.Sathyasingh

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.K.Sathyasingh, learned counsel appearing for the temple respondent would submit that old Kalasams are kept in safety locker of the temple.

2.The operative portion of the order contempt of which is complained of, reads as follows:- "5.The submission made by the learned Counsel for the 2nd respondent is taken on record and every step shall be taken to restore and preserve the original -Kalasams-. However, if the experts and Aghamic Scholars are of the view that the -Kalasams- cannot be restored for some reasons and one or more -Kalasams- require to be replaced, then the original -Kalasams-, which have been removed, shall be kept in safe custody within the temple premises and exhibited in an appropriate manner, so that the worshipping public can have a view of the said -Kalasams-. However, if the -Kalasams- are in good condition, then the same shall be restored and as undertaken, 'Kumbhabhisekam' shall be performed, after the -Kalasams- are reinstalled."

3.In view of the above, there will be a direction to the respondents 1 and 2 in the Writ Petition, to make arrangements to exhibit the Kalasams by keeping them in a safety locker in a strong room as done in other temples in

the recent past. Let the needful will be done within a period of 12 weeks from the date of receipt of copy of the order. 4.The Contempt Petition is therefore, closed. If the arrangements are not made as directed above, the petitioner will be at liberty to reopen the Contempt Petition. No costs.

[R.S.M., J.] [L.V.G., J.] 13.09.2024 NCC :

Yes/No Index :

Yes/No Internet :

Yes Mrn To 1.The Commissioner, Hindu Religious and Charitable Endowments Department (HR & CE), 119, Uthamar Gandhi Road, Nungambakkam, Chennai 600 034.

2.The Joint Commissioner/Executive Officer, Kanyakumari Devosom Board, Kanniyakumari District Temples, Suchindram, Kanyakumari District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Mrn 13.09.2024