Contempt petition alleging willful disobedience of a compromise decree in a temple pathway and possession dispute. Both sides filed undertaking affidavits to abide by the compromise deed; the court recorded them and closed the contempt petition with liberty to initiate action on any future violation.
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Cont.P.(MD)No.1758 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.01.2025
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
Cont.P.(MD)No.1758 of 2024 and Sub A(MD)Nos.286 and 287 of 2024
S.Pappu Sita Lakshmanan
... Petitioner
Vs
... Respondents
(Cause title accepted as per order of the Court dated 09.07.2024 in Sub.A.(MD)No. 319/2023 in Cont.P.(MD)SR.No.82427/23)
Prayer : This Contempt Petition is filed under Section 12 of Contempt of Court Act to punish the respondents herein for committing contempt and willful disobedience of the judgment and decree passed by this Court in S.A.(MD)No.445 of 2011 dated 27.02.2017.
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For Petitioner : Mr.R.Pon Karthikeyan For Respondents : Mr.S.A.Ganapathiraman for R6 & R7
O R D E R
This Contempt Petition is filed to punish the respondents herein for committing contempt and willful disobedience of the judgment and decree passed by this Court in S.A.(MD)No.445 of 2011 dated 27.02.2017.
2. A temple by name Arulmighu Hari Om Sakthi Narayana Jothipathi Dharma Thangal Temple is situated in Ward No.1, Block No. 8, Palayamkottai Town, Tirunelveli District. Another temple by name Chokkalinga Swamy Thirukovil, is also situated in the same premises. There was an issue with regard to the disturbance of possession and pathway in respect of the temple first mentioned. So the suit in O.S.No. 382 of 2002 was filed by the contempt petitioner namely Pappu Sita Lakshmanan and others against one Nambiya Pillai and seven others before the First Additional District Munsif Court, Tirunelveli. As a
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counter blast, Nambiyapillai and others, filed a suit in O.S.No.444/2002 and both suits were tried together and both the suit were decreed on 17.12.2009. Nambiya pillai and others filed an appeal in A.S.No.35 of 2010, against the judgment decree made in O.S.No.382/2002 before the Principal Sub Judge, Tirunelveli. Similarly, Pappu Sita Lakshmanan and others filed A.S.No.54 of 2010 against judgment and decree in the counter suit. The learned Subordinate Judge, Tirunelveli, dismissed the appeal filed by Nambiya Pillai, whereas A.S.No.54 of 2010 was allowed. Against which, S.A(MD)Nos.445 and 446 of 2011 were preferred by Nambiya Pillai and others. Pending the Second Appeal, compromise was reached between the parties. The terms of compromise are mentioned in the ground, need not be reproduced, since it is admitted by both sides.
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07.07.2023. CSR No.346 of 2023 was issued by Palayamkottai Police Station on 27.06.2023. The respondents closed the temple doors and prevented the poojas. The matter was referred to Revenue Divisional Officer, Tirunelveli and the contemnors brought crusher sand and making threat. So this petition is filed seeking punishment for having willfully disobeyed the compromise decree.
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is not correct. Nanthi statue was renovated and was not moved from any other place to the present place. So they are also necessary parties in the contempt petition.
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affidavit was filed by both sides. The undertaking affidavits filed by both
sides, are placed on record. Let the undertaking affidavits, shall form part of this order. If any violation is noticed by any side, other party is at liberty to initiate action against the erring party.
Consequently, connected Sub Applications are closed. No costs.
08.01.2025 NCC :Yes/No Index :Yes/No Internet : Yes/ No
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G.ILANGOVAN, J.
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Cont.P.(MD)No.1758 of 2024
08.01.2025
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1 issue framed by the court
Whether respondents willfully disobeyed the compromise decree in S.A.(MD)No.445 of 2011 by obstructing the pathway and closing the temple doors.
1 provisions across 1 enactments
S.Pappu Sita Lakshmanan
Petchiammal
Lakshmi
M.Durai
Sundari
M.Mariappan
G. Ilangovan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
