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Judgment
M.M. Sundresh, J
Inasmuch as all the issues govern the conduct of the festival along with the administration, they are taken up and disposed of by this common order including the contempt petition filed, in pursuant to the orders passed by this Court, on the alleged violation made by the contemnors wilfully.
Apart from the contempt petition, a public interest litigation has been filed and the order appointing Fit Person was also put into challenge. On the last occasion, all the contemnors were present.
Ms.J.Anandhavalli, learned counsel for the contemnor/respondent No.1, submitted that the contemnor is expressing his unconditional apologies and he would be purged of the contempt, if this Court comes to the conclusion that he has committed the same. Taking note of the sensitivity of the issue involved and in order to drive him, the very object in having a temple and offering prayer, we requested the counsel Mr.T.Lajapathi Roy to undertake the process of counselling the contemnor with an endeavour to stop such activities in future.
When the matter is taken up for hearing, Ms.J.Anandhavalli, learned counsel for the contemnor and Mr.T.Lajapathi Roy, learned counsel, who acted as a counsellor, submitted that the contemnor agreed to hand over the keys of the administration of the temple to the Fit Person. It is further submitted that the contemnor has already filed an application in O.A.No.1/2020 before the Commissioner of Hindu Religious and Charitable Endowment Department, Theni, seeking to frame a scheme, which has been transferred and pending in Dindigul District.
It is also submitted that the contemnor has expressed his remise with respect to his understanding of his attachment towards the temple. We do not wish to say anything on the happenings. The role of the Court is to punish an offender and reform him from indulging in such activities in future. This is a conflict between group of persons heading communities, which is unique to this part of the State. As emotions are involved, any adverse orders passed by us, would not have the desired result, as we do not wish to give an impression that one side is prevailing over the other. After all, the contemnor is representing one group of people.
In such view of the matter, while recording the stand taken that the keys of the temple would be handed over to the Fit person and the contemnor will not have any role, awaiting the decision of the Joint Commissioner, Dindigul in O.A.No.1/2020, we close the contempt petition.
The statement made by the contemnor through the counsel before us that the keys will be handed over on or before 01.04.2021 stands recorded.
In view of the aforesaid discussions, we would like to exonerate and purge the official contemnors as well. We only wish and hope that such activities will not happen in future facilitating every believer to go to the temple and pray without any restriction from the point of view of caste and community. The Fit Person is directed to ensure that the scheduled festival is conducted without any obstruction in the month of April '2021.
The learned Additional Advocate General assured that the Fit Person will be armed with adequate police personnel in this regard.
The Joint Commissioner, HR & CE Department, Dindigul, is directed to dispose of O.A.No.1/2020 within four months from the date of receipt of this order. It is well open to the said authority to put on notice all interested persons.
The assistance rendered by all the counsels, including the learned counsel, Mr.T.Lajapathi Roy, who acted as counsellor, is appreciated. The concerned Inspector of Police shall make sure that the writ petitioner (W.P.No.3836/2019) will not have any hindrance to have access to his residence. If any obstruction is made at the instance of any third party including the contemnor, appropriate action will have to be taken. Accordingly, W.P.(MD) Nos. 3836 and 22998/2019 stand closed. No costs. Consequently, connected Miscellaneous Petitions are closed.
In view of the orders passed in the writ petitions and the contempt petition, the Criminal Revision Petition Crl.R.C.No.719/2019 is closed.