The court balanced procedural adherence with equitable considerations regarding a party's inability to produce proof due to pandemic-related restrictions.

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Naresh Ambedkar ... Petitioner Vs.

R.Meena, The Executive Officer, Arulmigu Matha Angala Easwariamman Temple, Palayamkottai, Tirunelveli. ... Respondent Prayer:- Contempt Petition is filed under Section 11 of Contempt of Courts Act, praying to punish the respondent for her deliberate and wilful disobedience of the order of this Court made in W.P.(MD)No.14981 of 2025, dated 03.06.2025.

For Petitioner : Mr.T.Selvan For Respondent : Mr.J.K.Jayaselan Government Advocate

ORDER

The contempt petition is filed complaining of wilful disobedience of the order of this Court made in W.P.(MD)No.14981 of 2025, dated 03.06.2025.

2. On a perusal of the order in the said writ petition and upon hearing the learned counsel for the petitioner, the grievance of the petitioner is that originally, when an order was passed for evicting the petitioner and his mother, they challenged the same in W.P.(MD)No.5683 of 2009, which was allowed on 29.04.2014. Aggrieved by the same, the Temple filed a Writ Appeal in W.A. (MD)No.1253 of 2019 and, by a judgment dated 24.10.2019, the Writ Appeal was allowed, observing that the petitioner herein shall file an appeal before the Commissioner, H.R. & C.E. Department, within 30 days from the date of receipt of a copy of the said judgment. It was further directed that as and when the appeal is filed, the same shall be disposed of in accordance with law.

3. It is the contention of the petitioner that, pursuant to the judgment of the Division Bench of this Court, the petitioner had submitted an appeal on 29.01.2020. At that time, since there were COVID-19 restrictions, the petitioner claims to have filed the same in the Drop Box. However, there is no acknowledgement for the same.

4. The respondent has now proceeded further. It is their contention that the petitioner did not comply with the directions of the Division Bench and that no appeal is available on their file. Even today, the petitioner is not able to produce any proof in respect thereof.

5. Be that as it may, when it is pleaded that on account of the COVID-19 pandemic, the appeal was dropped in the Drop Box, it cannot be said that the failure to produce an acknowledgement will be fatal. At the same time, when the appeal is not available on their file, no wilfulness can be attributed to the respondent.

6. In view thereof, to resolve the impasse, the petitioner is directed to produce a copy of the appeal said to have been filed by him, within one week from the date of receipt of the web copy of this order. The same shall be treated as a Revision Petition filed in time and the Commissioner, H.R. & C.E. Department shall dispose of the same on merits in accordance with law, as expeditiously as possible, preferably, within a period of four months therefrom. Possession can be taken only after the disposal of the revision, as held in the earlier orders.

7. The Contempt Petition is disposed of accordingly.