IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.3653 OF 2018 (GM-R/C) BETWEEN:
SRI K.BADRIRAM, AGED ABOUT 51 YEARS, S/O LATE KRISHNA IYENGAR, RESIDING AT TEMPLE STREET, B.R.HILLS – 571 441, YELANDUR TALUK, CHAMARAJANAGAR DIST.
(BY MR.RAMA R IYER, ADV.) AND:
1. THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA VEEDHI, BENGALURU – 560 001.
2. THE ENDOWMENT COMMISSION, GOVERNMENT OF KARNATAKA, 3RD FLOOR, MINOT ANJANEYA BHAVAN, ALUR VENKATARAO ROAD, CHAMARAJAPET, BENGALURU – 560 018.
3. THE DEPUTY COMMISSIONER, CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR – 571 313.
4. THE ASSISTANT COMMISSIONER (REVENUE), AND ADMINISTRATIVE OFFICE OF BR HILLS, KOLLEGAL SUB-DIVISION.
5. THE EXECUTIVE OFFICER, …PETITIONER SRI SRIRANGANATHA SWAMY TEMPLE, BR HILLS – 571 441, YELANDUR TALUK, CHAMARAJANAGAR DISTRICT.
(BY MR.V.SHIVAREDDY, HCGP) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE R-3 HAS COMMITTED CONTEMPT OF THIS HON’BLE COURT BY NOT COMPLYING WITH THE DIRECTIONS ISSUED ON 28.8.2008 IN WRIT PETITION NO.42828/2002, AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.Rama R.Iyer, learned counsel for the petitioner.
Sri.V.Shivareddy, High Court Government Pleader for the respondents.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
(a) To declare that the 3rd respondent has committed contempt of this Hon’ble Court by not complying with the directions issued on 28.08.2008 in Writ Petition No.42828/2002.
(b) To declare that the 3rd respondent has acted illegally by allowing the present Archak Ravikumar to perform the duties of Archak in Swamy Sannidhi of Sri Biligiriranganatha Swamy Temple even after the appointment of Ravikumar was set aside by this Hon’ble Court in Writ Petition No.42828/2002.
(c) Direct respondent No.2 to hold an enquiry against A.N.Ravikumar on the complaint given to him vide Annexures-T and U and complete the enquiry within 6 weeks from the date of receipt of this order.
(d) Direct the 3rd respondent to comply forth with the direction of this Hon’ble Court given in Writ Petition No.42828/2002 vide order dated 28.08.2008.
(e) Direct the respondent No.2 and 3 to permit the petitioner and or any other person/s to participate in the enquiry proceedings that may be initiated by them against the said Ravikumar to substantiate the charges made against the bonafides of the said Ravikumar.
(f) Grant such other relief/s as this Hon’ble Court may deem fit to grant in the facts and circumstances of the case to meet the ends of justice.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the direction dated 28.08.2008 passed in W.P.No.42828/2002 has not been complied with till today by the respondent No.3 and the respondent No.3 be directed to comply with the directions contained in the aforesaid order and to permit the petitioner and any other person to participate in the enquiry that may be initiated against one Ravikumar to substantiate the charges made against him.
5. On the other hand, learned High Court Government Pleader submitted that suitable action in accordance with law shall be taken.
6. In view of the aforesaid submissions and in the facts of the case, the writ petition is disposed of with a direction to the respondent No.3 to comply with the directions contained in the order dated 28.08.2008 passed in W.P.No.42828/2002 and to permit the petitioner and any person who may be interested to participate in the enquiry which has been initiated against Ravikumar to substantiate the charges against him. Let the aforesaid directions issued by this Court be complied with, within a period of three months from today.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV