Disposed

The Fit Person v. Balaprajapathy

Madras HC1 Mar 2019SUB A(MD)/46/2019

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court, hearing a contempt petition regarding disobedience to orders in a temple administration dispute, directed the Superintendent of Police to provide security for the temple festival and restrained respondents from collecting offerings during the event.

What did the court decide?

Directed the Superintendent of Police to provide adequate police protection for the festival; restrained respondents from collecting offerings and directed them to hand over any collections to the pet

The Fit Person Vs Balaprajapathy — Constitutional and Fundamental Rights | Madras HC (2019)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

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Friday, the First day of March Two Thousand Nineteen

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PRESENT

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The Hon`ble Mr.Justice S.S.SUNDAR

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SUB A(MD) No.46 of 2019 IN CONT P(MD) No.1893 of 2018 in AS(MD)No.54 of 2018

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THE FIT PERSON

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ARULMIGU NARAYANASAMY TEMPLE, SWAMY THOPPU, CUM EXECUTIVE OFFICER, ARULMIGU KANNI VINAYAGAR THIRU KOVIL, SOUTH CAR STREE, VADIVEESWAARAM, NAGERCOIL, KANNYAKUMARI DISTRICT. ... PETITIONER/ 10^th RESPONDENT

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1 BALAPRAJAPATHY

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2 BALAJANATHATHIPATHY

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3 BALALOKATHIPATHY

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4 RAJAVEL

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5 PAIYAN KRISHNARAJ

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6 PAIYAN KRISHNANAMAMANI

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7 P.PAIYAN CHELLAVADIVU

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8 P.PAIYAN NAMRIS SELLA

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9 N.SHREENATH,IPS.,

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THE SUPERINTENDENT OF POLICE, NAGERCOIL, KANYAKUMARI DISTRICT. ... CONTEMNORS/ APPELLANTS/ RESPONDENTS

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Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order directing the 9^th Respondent herein to provide Adequate Police Force to provide security for the procession and all Festivals scheduled on 04.03.2019 from 10.00 Am of 03.03.2019 to 10.00 PM 04.03.2019 and further restrain the Respondents / Contemnors herein from collecting any offerings in form of money or material from the devotees during the festival period and further direct the Respondents / Contemnors to hand over the money to the petitioner involved in “Velakku Ennai Kasu” and in any other from of offerings from the devotees to the petitioner to be accounted in the https://hcservices.ecourts.gov.in/hcservices/ Temple account.

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Prayer in CONT P(MD). 1893/ 2018 :

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pleased to initiate contempt proceedings against the contemnors/respondents herein and punish the contemnors with accordance to section 12 with the other provisions of the contempt of Courts Act of 1977, for the willful disobedience of the order of this Honble Madurai Bench of Madras High Corut in CMP.No.3128 of 2018 in A.S.(MD).No.54 of 2018 dated 28.03.2018 and 30.07.2018 and thus render justice.

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PRAYER IN CMP(MD). No.3128 of 2018

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To pass an order of Interim Injunction restraining the Respondents 7 to 10 from interfering with the Petitionerts peaceful possession, enjoyment, management and administration of Arulmigu Muthukutty Swamy Samathi Narayanasamy Pathi pending disposal of the Present First Appeal and thus render justice.

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Prayer in AS(MD). 54/ 2018 :

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To set aside the Judgment and decree dated 29.01.2018 passed in O.S.No.89 of 2005 on the file of the 1st Additional Sub-Ordinate Court, Nagercoil by allowing this Appeal Suit and Decree the suit with cost throughout and thus render justice.

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ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.T.LAJAPATHI ROY, Advocate for the petitioner and of Mr.D.NALLATHAMBI, Advocate for R1,R2,R3,R6 & R8, and R4,R5,R7 are not appeared either in person or by an advocate, the court made the following order:-

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This Court has earlier passed an order on 28.03.2018 in C.M.P. (MD)No.3128 of 2018 in A.S.(MD)No.54 of 2018 in the following lines:

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“5.Considering the facts and circumstances of the case and the arguments advanced by the learned Senior Counsel, this Court is inclined to pass the following orders:

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“a) Without prejudice to the rights and contentions of both sides in this appeal, the plaintiffs/appellants shall file an application before the Joint Commissioner, HR & CE Department, Tirunelveli, for framing a scheme in respect of the administration of the temple, both in respect of religious and non-religious activities. The Joint Commissioner, HR & CE Department, Tirunelveli, after hearing the parties shall frame a scheme ensuring the administration of the temple and its control fully vests with the trustees of the temple in respect of the religious matters. Insofar as placement and collection through hundials and receipt of donation and maintenance of accounts and other non-religous functions, the Fit Person, namely, the fourth defendant will be the authority https://hcservices.ecourts.gov.in/hcservices/ to supervise, so that the offerings of public are fully accounted. If the trustees and others, who are performing

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pooja and other religious rites and rituals inside the temple, have any right or privilege, the same shall be considered independently as provided under Section 63(e) of the HR & CE Act. If any such right is recognised by the department in favour of the trustees, such right, which is recognised under the provisions of the Act, shall not be disturbed while framing the scheme.

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b) It is open to the parties concerned to approach this Court for modification of the scheme, in case, the working arrangements as per the scheme is detriment to the rights in respect of religious affairs. Till such time, a scheme is framed by the Joint Commissioner as directed by this Court, the status quo as on date with regard to the performance of religious rituals and ceremonies will continue. As regards income and expenditure of the temple, the Fit Person/fourth defendant will have full control and the collection of money in all forms shall be accounted. It is open to the fourth defendant to engage any number of staff required for the purpose of supervising all the non-religious affairs of the temple.

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c) The scheme which is suggested by this Court is only for the purpose of making an internal and interim arrangement during the pendency of this appeal and hence, it is made clear that the framing of scheme as directed by this Court and the scheme framed pursuant to this order is not final and ti is without prejudice to the rights and contentions of both sides.

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d) since the respondents 1 to 3 are not heard, it is open to them to file a petition to vacate or seek modification of this order.”

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2.Subsequently also this Court has passed order on occasions and there is no dispute that the Fit Person appointed by the Court earlier is functioning and the direction of this Court was to the respondents not to interfere with the functioning of Fit Person in all non-religious matters in terms of the order dated 28.03.2018.

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3.Since the order of this Court dated 28.03.2018 and the subsequent direction of this Court have not been respected by the respondents, the above Contempt Petition has been filed. During the pendency of the contempt proceedings, the Fit Person, namely, the petitioner in the contempt petition has preferred this application to direct the 9^th respondent, namely, the Superintendent of Police, Nagercoil, Kanyakumari District, to give adequate police protection and to provide security for the procession and all festival functions scheduled between 10.00 a.m. on 03.03.2019 and 10.00 p.m. on 04.03.2019. Having regard to the admitted facts and the nature https://hcservices.ecourts.gov.in/hcservices/ of dispute in the main appeal, this Court is of the view that a positive direction to the 9^th respondent is required in the interest

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of justice. Hence, 9^th respondent herein, namely, the Superintendent of Police, Nagercoil, Kanyakumari District, is directed to provide adequate police protection by deploying sufficient number of police personnel for the smooth conduct of the festival by the Fit Person and for all the religious procession and other parts of festival in the temple namely Arulmighu Narayanasamy Temple, Swamy Thoppu, scheduled between 10.00 a.m. on 03.03.2019 and 10.00 p.m. on 04.03.2019. The respondents/contemnors are restrained from collecting any offerings in the form of money or material from the devotees during the festival period. Even in case the respondents are either required to or on their own collect either money or articles from the devotees, they are directed to hand over the same to the petitioner who shall acknowledge the receipt of such money or articles by issuing a receipt. The petitioner shall keep an account of the collections, offerings and expenses. It is open to the Superintendent of Police, Nagercoil, Kanyakumari District, to convene a meeting of the petitioner and the trustees who are now in office including the respondents in this application so that there will be a smooth conduct of festival on 03.03.2019 and 04.03.2019.

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/ TRUE COPY /

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Madurai Bench of Madras High Court,

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N.SHREENATH,IPS., THE SUPERINTENDENT OF POLICE, NAGERCOIL, KANYAKUMARI DISTRICT.

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COPY TO:

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THE SUPERINTENDENT OF POLICE, NAGERCOIL, KANYAKUMARI DISTRICT.

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+1. C.C. to Mr.T.LAJAPATHI ROY Advocate SR.No.4160 +1CC TO Mr.D.NALLATHAMBI, Advocate, Sr No.4154

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CONT P(MD) No.1893 of 2018 IN AS(MD)No.54 of 2018

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MS/VR/SAR-2/01.03.2019/4P.5C

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https://hcservices.ecourts.gov.in/hcservices/

The Fit Person v. Balaprajapathy

Case brief

What is this about?

What did the court decide?

The Fit Person v. Balaprajapathy

Case brief

What is this about?

What did the court decide?

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