Madras High Court
Sri Karivaradharaja Swamy Temple vs Thiru. P.Ponniah I.A.S on 1 November, 2021
Author: M.S.Ramesh
Bench: M.S.Ramesh
Cont.P.No.1113 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 1.11.2021
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH
Cont.P.No.1113 of 2021
1 Sri Karivaradharaja Swamy Temple
Rep by its Hereditary Trustee
S.Sathishkumar,
S/o.Late N.P.Sugendran,
42, Karuneegar Street,
Nerkundram Chennai 600107. ... Petitioner
Vs.
1 Thiru. P.Ponniah I.A.S.
The District Collector, Office of the
District Collector, Master Plan Complex,
NH 205 Thiruvallur 602 001. ... Respondents
Prayer:- Contempt Petition filed under Section 11 of the Contempt of Court Act
praying to punish the respondents for disobeying and flouting of the Order of this
Court in W.P.No.16780 of 2019, dated 13.08.2019.
For Petitioner : Mr. S.Vijayalakshmi
For Respondent : Mr.S.Arumugam,
Govt. Advocate
******
ORDER
The writ Court by its order dated 13.08.2019 passed in W.P.No.16780 of 2019 directed the respondent to conduct proper enquiry in connection with https://www.mhc.tn.gov.in/judis 1/4 Cont.P.No.1113 of 2021 representation of the temple for removal of Tasmac Shop No.8855 situated at S.No.81/1 near Sri Karivaradharaja Swamy Temple in Nerkundram Village, Thiruvallur District and pass appropriate orders within a period of three months from the date of receipt of such representation from the petitioner.
2. The present contempt petition has been filed for non compliance of the orders of this Court.
3. Today, when the matter was called, the District Collector of Chennai has filed an affidavit dated 26.10.2021 whereby it is stated that pursuant to his order dated 1.10.2021 for relocation of Tasmac Shop No.8855, the District Manager, Thiruvallur (East) District passed an order dated 22.10.2021 for temporary closure of the shop and had further given an undertaking that the said Tasmac shop will be relocated to another suitable place in compliance of Rule 8 (1) of the TASMAC Rules. The affidavit has also stated that the entire stocks of the liquor bottle had been removed from the shop and there is no commercial activity of selling or consuming liquor in the said shop and the shop is now locked and sealed in the presence of District Manager, Thiruvallur (East) District.
4. In view of the affidavit filed by the respondent, the petitioner may not have any further grievance. Recording the statement made in the affidavit filed by the District Collector of Chennai and that of the learned Government https://www.mhc.tn.gov.in/judis 2/4 Cont.P.No.1113 of 2021 Advocate appearing for the respondent, the contempt petition stands closed since the disobedience alleged cannot be termed as wilful in nature. No costs.
1.11.2021 Speaking/Non Speaking order Index: Yes/No vaan https://www.mhc.tn.gov.in/judis 3/4 Cont.P.No.1113 of 2021 M.S.RAMESH, J.
vaan Cont.P.No.1113 of 2021 Dated: 1.11.2021 https://www.mhc.tn.gov.in/judis 4/4