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Madras High CourtCONT P(MD)/2872/2024closed

K.Muthuraman v. Kamal Kishore

2024-11-29Honourable Mr Justice G.R.Swaminathan5 pages

1 CONT.P.(MD)NO.2872 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CONT.P.(MD)No.2872 of 2024 in W.P.(MD)No.17824 of 2024 AND SUB APLC.(MD)No.339 of 2024 K.Muthuraman ... Petitioner/ 3rd Party Vs.

1. Mr.Kamal Kishore, District Collector, Tenkasi District, Tenkasi.

2. Ms.Lavanya, Revenue Divisional Officer, Tenkasi, Tenkasi District.

3. Mr.Sudalaimani, Tahsildar, Veerakeralampudur Taluk, Veerakeralampudur, Tenkasi.

4. Mr.Vellapandi, Village Administrative Officer, Vellakal, Veerakeralampudur Taluk, Veerakeralampudur, Tenkasi.

5. Mr.Senthil, Inspector of Police, Surandai police station, Surandai, Tenkasi District.

... Contemnors / 3rd party 1/5

2 CONT.P.(MD)NO.2872 OF 2024 Prayer: Contempt petition filed under Section 11 of the Contempt of Courts Act 1971, to punish the contemnors under the Contempt of Courts Act for willful disobedience of the order of this Court passed in W.P.(MD)No.17824 of 2024 dated 30.07.2024. For Petitioner : Mr.N.Vignesh For Respondents : Mr.K.S.Selvaganesan, Additional Government Pleader.

* * *

O R D E R

Heard both sides.

2. The case on hand pertains to the closing of Shriman Narayanasamy temple at Idaiyarthavanai Village, Veerakeralampudur Taluk, Tenkasi District. I had held vide order dated 30.07.2024 in W.P. (MD)No.17824 of 2024 ( G.Pandi V. The District Collector, District Collectorate Complex, Madurai District) that under no circumstance can temples be closed by citing the law and order issues. Contrary to the said direction, in this case the revenue authorities had closed the temple. No Poojas were performed for more than eight days. In this background, the present contempt petition came to be instituted. 2/5

3 CONT.P.(MD)NO.2872 OF 2024

3. The jurisdictional Tahsildar as well as the jurisdictional police extended their fullest cooperation and the temple has since been opened. It is not in dispute that Shri.Murugesan @ Vishnu was functioning as Poojari of the temple. The temple key has since been handed over to him and he is presently discharging duties as Poojari.

4. The Tahsildar Veerakeralampudur convened a peace committee meeting on 25.11.2024. " A" group was represented by Mr.Mariyappan and three others. " B " group was represented by Mr.Muthuraman and three others. Mariyappan through his counsel Mr.M.Dinesh Hari Sudarsan submits that since the temple key had been handed over to " B" group, they may not be permitted to enter the temple.

5. Since it is submitted that the temple in question is being maintained and run by Konar community, " A" group who also belong to Konar community cannot be denied entry. Mariyappan as well as others belonging to " A" group are entitled to offer their worship like any other devotee. As regards the administration of the temple, if any dispute arises, it shall be resolved only by the jurisdictional Court / Forum. No 3/5

4 CONT.P.(MD)NO.2872 OF 2024 devotee shall be denied entry into the temple during regular worship hours. This contempt petition is closed. Consequently, connected sub application is closed.

29.11.2024 Index : Yes / No Internet : Yes/ No PMU To:

1. The District Collector, Tenkasi District, Tenkasi.

2. The Revenue Divisional Officer, Tenkasi, Tenkasi District.

3. The Tahsildar, Veerakeralampudur Taluk, Veerakeralampudur, Tenkasi.

4. The Village Administrative Officer, Vellakal, Veerakeralampudur Taluk, Veerakeralampudur, Tenkasi.

5. The Inspector of Police, Surandai police station, Surandai, Tenkasi District.

4/5

5 CONT.P.(MD)NO.2872 OF 2024 G.R.SWAMINATHAN,J.

PMU CONT.P.(MD)No.2872 of 2024 in W.P.(MD)No.17824 of 2024 28.11.2024 5/5