MANU/TN/3556/2017

IN THE HIGH COURT OF MADRAS (MADURAI BENCH)

Contempt Petition (MD) No. 1005 of 2017 in W.P.(MD) No. 10203 of 2017

Decided On: 02.11.2017

Appellants: A. Elangovan Vs. Respondent: The Inspector of Police, Palaviduthi Police Station and Ors.

Hon'ble Judges/Coram:
M. Venugopal and Abdul Quddhose

ORDER

M. Venugopal, J.

1. The Petitioner has preferred the instant Contempt Petition praying for passing of an order by this Court to punish the Respondents for the act of Contempt in not obeying the orders passed by this Court in W.P.(MD) No. 10203 of 2017, dated 02.06.2017.

2. Head both sides.

Introduction:

3. According to the Petitioner, he belongs to Thalivasal, Mullipadi Village and for the past several years, they are conducting Temple festival in the month of Vaikasi in Sri Mariamman Sri Bagavathiamman Temple. Therefore, they made all arrangements for conducting the Temple festival in a very grand manner from 06.06.2017 to 11.06.2017 and several devotees from various parts of the country would participate in the festival with each of them undertaking their own fasting to fulfill their vows before the deity and they would tender their 'offerings' followed by six days full programme, which would be conducted by the Temple festival committee with the cop-operation of the entire villagers. In fact, all the villagers belong to the several communities/different faith would actively participate in the village festival.

Petitioner's Contentions:

4. At this juncture, it is the submission of the Learned Counsel for the Petitioner that the Petitioner had made a Representation on 10.05.2016 itself seeking permission and police protection and that the Respondents had not passed any orders on his Representation and kept it pending, killing the time. Therefore, the Petitioner filed W.P.(MD) No. 10203 of 2017 before this Court and on 02.06.2017, this Court, while allowing the writ petition in part without costs had directed the Second Respondent therein to look into the Representation dated 19.05.2017 and dispose of the same within a period of two days.

5. The Learned Counsel for the Petitioner brings it to the notice of this Court that in W.P.(MD) No. 17644 of 2015, this Court, passed an order on 12.10.2015 granting permission to the 'Temple Trust Committee' and accordingly the permission was accorded by the Respondents and also the police protection was granted and the Temple festival was conducted in a very grand and peaceful manner without any untoward incident.

6. The Learned Counsel for the Petitioner contends that the Petitioner along with his villagers had met the First Respondent in person together with the copy of the order passed by this Court and since the Second Respondent was not in station, he was informed through his cellphone as regards the orders passed by this Court. In fact, it is represented on the side of the Petitioner that a copy of the Court's order was also sent to his Mobile Whatsapp and after going through the same, the Second Respondent had instructed the Sub Inspector of Police Mr. Abimanyu to visit the village and inspite of their request to comply with the direction of this Court within a stipulated time of two days, the Respondents were not interested in complying with the orders passed by this Court.

7. The Learned Counsel for the Petitioner proceeds to point out that being dissatisfied with the attitude of the Respondents, because of the paucity of time, the Petitioner issued a Contempt notice on 05.06.2017 through E-mail to the Superintendent of Police, Karur District etc. Moreover, it is the plea of the Petitioner that agitated over the receipt of Contempt notice, he and the 'Temple Trust Committee Members' were threatened with dire consequences. Also, they were threatened that they would be arrested on foisting of a false case and thereafter, the jurisdictional tahsildar was requested to convene a peace committee meeting.

8. The pivotal stand of the Petitioner is that there is no necessity to conduct a peace committee meeting as there was no Law and Order problem, except a few raising their objections and in fact, the very same Temple festival was conducted at the instance of the orders of this Court dated 02.06.2017 in W.P.(MD) No. 10203 of 2017.

9. The Learned Counsel for the Petitioner takes a categorical stand that i........