S.A. RAJENDRAN POOSARI Vs. RAMAR POOSARI

JUDGEMENT

(1.) THE contempt petition filed is taken out under Section 11 of the Contempt of Courts Act, 1971 for punishing the respondents/contemnors, namely Ramar Poosari and Ariram Poosari, for committing contempt of the order dated 30.9.2005 made in W.A.No. 338/2005.

(2.) IN the above said writ appeal, the Court recognized S.A. Rajendran Poosari as one of the hereditary trustees, on the basis of the decree in a civil proceedings. It is the complaint of the petitioner in the present contempt petition that the respondents/contemnors have filed applications before the authorities under the Hindu Religious and Charitable Endowments Act to declare the said Rajendran Poosari is not a hereditary trustee. On that ground, the contempt petition is filed.

(3.) NOTICE was issued on 18.9.2008 and the parties appeared before this Court on several occasions and ultimately, realising their mistake, each one of the contemnors have filed a separate counter -affidavit. The 2nd respondent/contemnor Ariram Poosari, in his affidavit, in paragraph No. 5, has stated that since he came to know of the real colour of the first respondent and his ill -motive, he gave an application on 24.3.2008 seeking withdrawal of his original petition filed at the instance of the first respondent in Na.Ka. No. 2854/2005/A1 before the Joint Commissioner, H.R. and C.E. Department, Sivagangai, dated 8.4.2005, stating that in view of the orders passed in the writ petitions and in respective writ appeal Nos. 338 and 339 of 2005, the dispute raised by him had become final and the status of Rajendran Possari as hereditary trustee was confirmed in view of all the said orders mentioned therein and also requested that the application filed by him may be treated as withdrawn.