Disposed

The Registrar Judicial v. The Joint Commissioner

Madras HC1 Oct 2024CONT P(MD)/2100/2024

Case brief

AI extract

What is this about?

Suo motu contempt against a Regional Joint Commissioner of the HR&CE Department for passing an order casting aspersions while recognising a Hereditary Trustee. As compliance with the earlier direction was made, the court closed the contempt imposing Rs.5,000 cost on the contemnor.

What did the court decide?

Contempt closed; contemnor directed to pay Rs.5,000 cost to appellants/writ petitioners within two weeks; not treated as fine.

The Registrar Judicial Vs The Joint Commissioner — Contempt of Court | Madras HC (2024)

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Suo Motu Cont.P(MD)No.2100 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 01.10.2024

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CORAM :

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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SUO MOTU CONTEMPT PETITION(MD)No.2100 of 2024 in

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W.A(MD)No.1444 of 2024

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The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

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... Petitioner

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vs.

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The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

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... Respondent

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Prayer : Suo Motu Contempt Petition initiated under Section 14 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, to punish the contemnor / respondent No.2 for his / her deliberate disobedience of the orders of this Court.

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For Respondent : Mr.S.P.Maharajan Special Government Pleader

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https://www.mhc.tn.gov.in/judis

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Page No.1 of 4

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Suo Motu Cont.P(MD)No.2100 of 2024

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ORDER

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( Order of the Court was made by R.SUBRAMANIAN, J.)

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Mr.K.Chelladurai, Regional Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai, has filed an affidavit, in and by which, he has stated that he has passed the order dated 12.09.2024 under a wrong impression that he is entitled to go into the qualifications of the person who seeks approval as Hereditary Trustee under sub-section (1) of Section 54 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. He has also stated that he has withdrawn those proceedings and issued fresh proceedings after knowing the correct legal position.

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The corrected proceedings dated 30.09.2024 have also been placed before us. We are sure that the statement made in paragraph 4 of the affidavit is not fully true, because, Mr.Chelladurai, Regional Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai, is a Law Graduate with sufficient experience as an Assistant Commissioner and Joint Commissioner in the HR & CE Department. His ego was hurt when this Court overruled his objections and directed him to recognise Thiru.Alagappan as the Hereditary Trustee. He wanted to give it back to this Court by stating that even though Thiru.Alagappan is not a fit person to be recognised as a Hereditary

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https://www.mhc.tn.gov.in/judis

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Page No.2 of 4

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Suo Motu Cont.P(MD)No.2100 of 2024

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Trustee, he is forced to recognise him, because, this Court has directed him to recognise the said Alagappan as the Hereditary Trustee. This, we see as nothing but an attempt to indirectly tell this Court that the officials can do anything under the sun and they will not hesitate to even malign this Court by imputing motives and misunderstanding of the provisions of law to this Court.

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Any way, since now the order has been complied with, we close the contempt with a direction to the contemnor to pay a cost of Rs.5,000/[Rupees Five Thousand only] to the appellants / writ petitioners within a period of two weeks from today. The cost so imposed shall not be treated as any fine and will not have any impact on the service of the officer concerned.

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(R.S.M, J.) (L.V.G, J.) Index : No 01.10.2024 Neutral Citation : No bala To

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The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

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The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Madurai.

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https://www.mhc.tn.gov.in/judis

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Page No.3 of 4

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Suo Motu Cont.P(MD)No.2100 of 2024

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R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.

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bala

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ORDER MADE IN SUO MOTU CONT.P(MD)No.2100 of 2024 DATED : 01.10.2024

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https://www.mhc.tn.gov.in/judis Page No.4 of 4

The Registrar Judicial v. The Joint Commissioner

Case brief

What is this about?

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The Registrar Judicial v. The Joint Commissioner

Case brief

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