H.Karthik, President, Arulmigu Sri Subramaniaswami- Vazhipattu Makkal Nala Sangam vs M.Pugalendran, The Joint Commissioner, HR & CE Department, & Anr.

This Contempt Petition has been filed praying to punish the respondents since they disobeyed the order passed in W.P(MD)No.15163 of 2012.

It is averred in the petition that the petitioner has filed W.P(MD)No.15163 of 2012, wherein a specific order has been passed to the effect that the respondents should consider the representation alleged to have been given by the petitioner. Further it is averred in the petition that the respondents have disobeyed the order. Under the said circumstances, the present contempt petition has been filed.

It is seen from the records that this Court has specifically directed the respondents to consider the representation alleged to have been given by the petitioner. Further it is seen from the records that on the basis of representation given by the petitioner, a proper enquiry has been conducted and ultimately found that some persons have encroached temple properties. Therefore it seems that on the basis of the order passed by this Court, the respondents have taken proper action. Since the respondents have taken proper action, this contempt proceeding is totally unwarranted. However the petitioner is at liberty to give a separate representation for removing the alleged encroachments.

In fine, this contempt petition is dismissed without costs. The petitioner is at liberty to give a fresh representation to the respondents for removing the alleged encroachments.