In a contempt petition for disobeying a High Court order, the respondent filed an affidavit and attached an order from the Joint Commissioner showing the withdrawal of the compellable action. The court held that the respondent had purged the contempt and discharged him.
Respondent discharged from contempt; contempt petition closed; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2018
CORAM :
THE HONOURABLE MR.JUSTICE M.SUNDAR
Contempt Petition No.1199 of 2017
Shankari Ammal
...Petitioner/Applicant/
1st Defendant
Vs.
P.Sakthi, Fit Person
Sri Loga Vinayagar Temple
Having office at
Aarulmigu Sundaraswarar Temple
Brahmin Street
Saidapet
Chennai - 600 015
and also
Functioning as the Fit Person
Pursuant to the appointment
Made by HR&CE Department
...Respondent/Respondent
Plaintiff
Prayer : Petition filed under Section 11 of Contempt of
Courts Act, to punish the Respondent for disobeying the
order of this Hon'ble Court dated 25.11.2016 passed in
Original Application No.902 of 2016 in C.S.No. 1668 of 1992.
For Petitioner : Mr.A.R.Nixon
For Respondent : Mr.A.K.Sriram
of M/s.A.S.Kailasam Associate
Today, Mr.A.R.Nixon learned counsel for petitioner
is before this Court. Mr.A.K.Sriram of M/s.A.S.Kailasam https://hcservices.ecourts.gov.in/hcservices/
Associates, Law firm, is before this court on behalf of
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lone respondent in this contempt petition and lone
respondent has filed an additional affidavit dated 03.03.2018 today i.e., 05.03.2018 before this court.
2.It is necessary to reproduce the additional
affidavit, which reads as follows:
aged about 37 years, working at Arulmigu Renganatha Perumal Thirukoil, Thiruneermalai, Chennai - 600 044, do hereby solemnly and sincerely affirm and state as follows:-
1.I am the Respondent herein and am well acquainted with the facts of the case from records and personally as well.
the resolution dated 28.11.2016 and the complaint
dated 05.12.2016 given by the Fit Person to the asst. Commissioner, HR &CE Dept. I state that proceedings under S.78 are pending before the Joint Commissioner, H.R.&C.E.Dept.
3.I state to comply with all the orders of the Hon'ble High Court in letter and spirit, the letter dated 19.09.2016 has been withdrawn and an affidavit to that effect has been filed by the present Fit Person before the Joint Commissioner in the proceedings under S.78 of the Act, in and by which, the resolution dated 28.11.2016 as well as the complaint of the Fit Person/Executive https://hcservices.ecourts.gov.in/hcservices/ Officer of the Temple dated 05.12.2016 have been withdrawn. The proceedings under S.78 have been
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started based on the resolution dated 28.11.2016 followed by the complaint dated 05.12.2016 by the Fit Person to the Asst. Commissioner, H.R.&C.E. Department. I state that the Resolution and the complaint refer to letter dated 19.09.2016 which has been kept in abeyance by the Hon'ble Court in O.A.No.902/2016 in C.S.No.1668/1992. I state that
in the above circumstances, both the resolution and the complaint have been withdrawn and an affidavit to that effect filed by the Fit Person before the Joint Commissioner. I state that the Joint Commissioner has taken the affidavit on record and has passed an order dated 21.02.2018 recording the affidavit and dropping proceedings under S.78, a copy which is filed in a Typed Set along with this additional affidavit.
I therefore pray that this Hon'ble Court may be pleased to receive this additional affidavit take on record and drop the present contempt proceedings against me and render justice."
3.As would be evident from the caption this is an
additional affidavit. Earlier affidavit of the lone respondent is dated 26.08.2017.
4.In the original affidavit filed by the lone respondent dated 26.08.2017, an averment has been made by the lone respondent, which reads as follows :
https://hcservices.ecourts.gov.in/hcservices/ "At the outset, I state that I have not committed any act of contempt and if this Hon'ble
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Court were to come to the conclusion that I have committed any act which is in disobedience of the order Hon'ble Court, I tender my unqualified and unconditional apology for the same."
5.Mr.A.K.Sriram, learned counsel has also placed before me an order of Joint Commissioner of Tamil Nadu Hindu Religious and Charitable Endowments Department, dated 21.02.2018 being an order in proceedings under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act 1958. I deem it appropriate to extract the order, which reads as follows:
An affidavit has been filed by the Fit Person/Executive Officer of Arulmigu Logavinayagar Temple, Maduvankarai, Guindy, Chennai - 600 032. These proceedings have been started under Section 78 of the Hindu Religious and Charitable Endowments Act based on a resolution dated 28.11.2016 followed by a complaint dated 05.12.2016 by the Fit Person to the Assistant Commissioner, H.R.&C.E. Department. The Resolution and the complaint refer to letter dated 19.09.2016 which has been the subject matter of O.A.No.902/2016 in C.S.No.1668/1992. By https://hcservices.ecourts.gov.in/hcservices/ order dated 07.10.2016, the Hon'ble High Court
has kept the letter dated 19.09.2016 in abeyance.
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In the above circumstances, and to comply with all the orders of the Hon'ble High Court in letter and spirit, it has been decided to withdraw the said letter dated 19.09.2016, the resolution dated 28.11.2016 as well as the complaint of the Fit Person/Executive Officer of the Temple dated 05.12.2016.
Accordingly, this affidavit is taken on record and the proceedings under Section 78 are closed. The Temple is at liberty to proceed further as per the orders of the Hon'ble High Court in C.S.No.1668/1992."
6.The aforesaid additional affidavit and order
passed by the Joint Commissioner of Tamil Nadu Hindu Religious and Charitable Endowments Department, puts an end to the basis on which this contempt petition was filed and
the basis on which breach of an order of this court was brought to my notice in this contempt action.
7.The aforesaid affidavit dated 26.08.2017, additional affidavit dated 03.03.2018 and proceedings of joint commissioner dated 21.02.2018 have been served on Mr.A.X.Nixon.
8.Recording the aforesaid proceedings, which have https://hcservices.ecourts.gov.in/hcservices/ been extracted, reproduced and recording the unconditional
apology, I discharge the respondent of contempt, holding
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that the respondent has purged himself from contempt. Contempt petition is closed. No costs.
9.I place on record the fair stand and efforts
taken by A.K.Sriram of M/s. A.S.Kailasam Associates in this
matter.
SD/-
ASSISTANT REGISTRAR(COMM.CASES)
maya
//Certified to be true copy//
Dated at Madras this the day of 2018.
COURT OFFICER(O.S.)
from 25 th day of September 2008 the Registry is issuing
Certified copies of the Orders/Judgments/Decrees in this
format.
CO/10/04/2018
one cc to Mr. A.R. Nixon,SR.No.3710.
One cc to M/s. A.S. Kailasam & Associates,SR,No.3623
To The Sri Loga Vinayagar Temple Having office at Aarulmigu Sundaraswarar Temple Brahmin Street Saidapet Chennai - 600 015.
1 issue framed by the court
Whether the respondent had purged himself of contempt by withdrawing the underlying proceedings before the Joint Commissioner.
Shankari Ammal
P. Sakthi
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
