Madras High CourtWP/4793/2023disposed of

Immanuel Lutheran Church v. The District Collector

2023-02-16Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2023

CORAM

THE HON'BLE MR. JUSTICE C. V. KARTHIKEYAN Writ Petition No.4793 of 2023 Immanuel Lutheran Church, Ambur Synod-Indian Evangelical Lutheran Church, Registered under the Societies Registration Act XXI of 1860 Represented by its Constitutional Committee Member, Neya Sundar, Mission Compound, Ambur - 635 802.

... Petitioner

Versus

1. The District Collector, Ambur, Vellore District.

2. The Tahsildar, Ambur, Vellore District.

3. Jaya Prasad (President)

4. John Sekaran (Secretary)

5. S.Walter Dansingh (Treasurer) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents to conduct fair election in their presence without interference of the 3rd to 5th respondents in Immanuel Lutheran Church, Ambur by appointing the law 1/4

committee convenor as interim administrator as per their bye law by considering petitioner's representation dated 03.10.2022. For Petitioner : Mr.M.Rakhi For R1 & R2 : Mr.U.Baranidharan Additional Government Pleader

ORDER

The Writ Petition has been filed in the nature of a Writ of Mandamus seeking a direction to the 1st and 2nd respondents to conduct fair election in their presence without interference of the 3rd, 4th and 5th respondents.

2. The petitioner had not given any representation to the 1st and 2nd respondents. They have no records in their hands. They have no idea what the elections are about. They have no idea who the 3rd, 4th and 5th respondents are. They have no idea as to why the 3rd, 4th and 5th respondents should be directed not to interfere with elections. They are totally unaware of all the facts and circumstances. 2/4

3. The petitioner had given a representation to the Inspector of Police at Ambur Police Station.

4. A mandamus can never be directed to the 1st and 2nd respondents relating to an issue which they are totally oblivious of and ignorant of and have no idea and no records had been forwarded to them to take any action or not to take any action.

5. The Writ petition stands dismissed. The petitioner has liberty to take necessary steps in manner known to law. No order as to costs. 16.02.2023 ssi Index : Yes/No Internet : Yes/No To:

1. The District Collector, Ambur, Vellore District.

2. The Tahsildar, Ambur, Vellore District.

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C.V.KARTHIKEYAN,J.

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