Contempt Petition No. 1653 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU

Contempt Petition No. 1653 of 2023

A.K.Vijayageetha

… Petitioner

-vs-

J.Kumaragurubaran,

The Commissioner,

Tamil Nadu Hindu Religious and Charitable

Endowment Department,

No.119, Uthamar Gandhi Salai,

Nungampakkam,

Chennai – 600034.

Presently

Secretary to Government,

Information Technology and Digital Services Department,

Fort St. George,

Chennai – 600009.

... Respondent

Prayer:- Contempt Petition filed under Section 11 of the Contempt of Courts

Act, 1971, praying to punish the Respondent for having committed wilful

disobedience of the Order dated 26.05.2022 in W.P. No. 13035 of 2022 passed

by this Hon'ble Court.

For Petitioner

:

Mr. K.Ganesan

For Respondent

:

Mr. K.Karthikeyan,

Government Advocate

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Contempt Petition No. 1653 of 2023

O R D E R

Heard Mr. K.Ganesan, Learned Counsel for the Petitioner and

Mr. K.Karthikeyan, Learned Government Advocate appearing for the

Respondent and perused the materials placed on record, apart from the

pleadings of the parties.

2.

This Contempt Petition is prosecuted for failure of the Respondents to

comply with the order dated 26.05.2022 in W.P. No. 13035 of 2022 passed by

the Court, which reads as follows:-

“7.

Under these circumstances, the first respondent is directed

initiate all appropriate action to protect the temple properties

and further, initiate action to evict the encroachers and take

possession of the temple properties and deal with the same in

accordance with the provisions of the Act and Rules. The said

exercise is directed to be done within a period of twelve weeks

from the date of receipt of copy of this order.”

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Contempt Petition No. 1653 of 2023

3.

Learned Government Advocate appearing for the Respondent has filed a

memo dated 16.11.2023 in which it has been stated as follows:-

“

The land in Palnankuppam Village, Tirupathur in

S.No.226/11 measuring about 3.34 acres belongs to Arulmigu

Ramanathaswamy Temple and is classified as Arulmigu

Ramanathaswamy Kovil (Melam Uthal) in the 'A' Register of the

year 1916. The said land is in encroachment. Since it is a

service inam and the service is not being conducted, the said

land can be resumed in favour of the temple by resorting to the

Section 41 of the TN HR & CE Act.

In this regard, the Executive Officer of the temple filed an

Application dated 15.09.2023 before the District Collector,

Tirupathur and the same has been registered as E-File

No.37709/2023-D3. The Executive Officer of the temple had

again submitted a reminder on 03.11.2023 and 06.11.2023

before the District Collector, Tirupathur. The District Collector,

Tirupathur has fixed the enquiry on 20.11.2023 in the

application filed by the Executive Officer of the temple.”

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Contempt Petition No. 1653 of 2023

In view of the same, nothing remains for further consideration in the Contempt

Petition, but if the Petitioner still has any grievance to be redressed in the

matter, he is not precluded from working out his rights before the proper forum

in the manner recognized by law.

In fine, the Contempt Petition is closed with the aforesaid observations.

No costs.

16.11.2023

Index: Yes/No

NCC: Yes/No

Note: Issue order copy by 01.02.2024.

pal

To

The Commissioner,

Tamil Nadu Hindu Religious and Charitable

Endowment Department,

No.119, Uthamar Gandhi Salai,

Nungampakkam,

Chennai – 600034.

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Contempt Petition No. 1653 of 2023

P.D. AUDIKESAVALU, J.

pal

Contempt Petition No. 1653 of 2023

16.11.2023

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