Mr.A.Selvakumar v. The Moderator,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 12TH DAY OF SEPTEMBER 2018 THE HON'BLE MR. JUSTICE P.D.AUDIKESAVALU C.S.No.301 of 2015 and Mr.A.Selvakumar S/o. Albert, No.386, 8th Cross Nethaji Nagar, K.P.Agraharam, Bangalore 23.
.. Plaintiff/Applicant Vs
1. The Moderator, Synod, Church of South India C.S.I.Centre, No.5, Whites Road, Royapettah, Chennai 600 014.
2. The General Secretary Church of South India, The Synod Secretariat, C.S.I.Centre, No.5, Whites Road, Royapettah, Chennai 600 014.
3. The Secretary CSI Karnataka Central Diocese No.20, Third Cross, CSI Compound, Bangalore 560 027.
.. Defendants/Respondents Civil Suit praying that this Hon'ble Court be pleased to pass a Judgment and Decree against the defendant:- a) to Declare the conduct of Biennium Election for the period of 2013-2015 till the October 2015 for the 3rd defendant Diocese as per the impugned letter Dt. 11.02.2015 and consequence Election Notice Dt. 16.03.2015 are not in accordance to the bylaw or constitution of the CSI Karnataka Central Diocese as the same is invalid, null and void in law and b) for the permanent injunction to restrain the
defendants or their men or the person authorized or committee constituted by them from conducting any election either in the biennium or otherwise till the voters lists are finalized and published in accordance to the rules and that as the circular Dt. 30.01.2015. and c) to award the cost of the suit.
Original Application praying that this Hon'ble Court be pleased to grant the ad interim injunction restraining the respondents or their men, or the person acting under them or the constituted committee from conducting any biennium election for the just 5 months as per the impugned circular dated 11.02.2015 and consequent election notice Dt. 16.03.2015.
This Suit along with Original application coming on this day before this court for hearing in the presence of Mr.V.Manohar, Advocate for the plaintiff in C.S.No.301 of 2015 and for the applicant in O.A.No.407 of 2015 and M/s. Adrian D.Rozario, Advocate for the defendants 1 and 2 in C.S.No. 301 of 2015 and for the respondents 1 and 2 in O.A.No. 407 of 2015 and Mr.Udita Joshi for M/s. Paul & Paul, Advocates for the 3rd defendant in C.S.No. 301 of 2015 and for the 3rd respondent in O.A.No.407 of 2015 and upon reading the plaint filed in C.S.No.301 of 2015 and the order dated 10.04.2015 made in O.A.No. 407 of 2013 and the learned counsel for the plaintiff having made an endorsement on the plaint stating that " Suit prayer become infructuous hence the suit is not pressed", and this court doth recording the same, It is ordered as follows:- That the suit in C.S.No.301 of 2015 be and is hereby dismissed as infructuous.
2. That the connected O.A.No.407 of 2015 do stand closed.
3. That there shall be no costs of this suit. WITNESS THE HON'BLE SHRIMATI.VIJAYA KAMLESH TAHILRAMANI, THE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 12th DAY OF SEPTEMBER 2018. Sd./- ASSISTANT REGISTRAR(O.S.I) //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
SK 26.10.2018 C.S.No.301 of 2015 and ORDER:
DATED:12.09.2018 THE HON'BLE MR. JUSTICE P.D.AUDIKESAVALU FOR APPROVAL: 16.11.2018 APPROVED ON: 16.11.2018