Madras High CourtCRP/2047/2019disposed of

Ravindar Thangadurai v. Manakkavaalan

2019-07-17Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2019

CORAM

THE HONOURABLE MR. JUSTICE M.GOVINDARAJ CRP (PD) NO.2047 OF 2019 AND CMP NO.13266 OF 2019 1.Ravindar Thangadurai 2.E.Alexander Srinivasan 3.J.Rajarathinam 4.C.Manohar Inbaraj 5.R.Keba Premkumar 6.J.Caba 7.D.M.Allwyn Thilak 8.A.Prema Jayakumari .. Petitioners

Versus

1.Manakkavaalan 2.Bishop and President Central Office Arcot Lutheran Church Campus (ALC Campus) Cuddalore.

3.Secretary Central Office Arcot Lutheran Church Campus (ALC Campus) Cuddalore.

4.Treasurer Central Office Arcot Lutheran Church Campus (ALC Campus) Cuddalore.

5.V.V.J.Gurunathan Convenor Arbitration Board Cuddalore.

.. Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 21.05.2019 in I.A.No.255 of 2019 in O.S.No.130 of 2019 passed by the learned Vacation Court Judge, Villupuram and now transferred to the file of II Additional District Munsif Court, Thirukoilur.

For Petitioners :

Mr.R.Srinivasan For Respondent-1 :

Mr.S.Sairaman

O R D E R

The revision petitioners are the elected Members of the Pastorate Committee. Their election was challenged by the respondents by way of a suit and the Trial Court has granted interim injunction restraining the revision petitioners from casting their votes to Church Board Election without hearing them and without making them as parties to the suit. Aggrieved over the same, the present revision petitioners filed a petition to grant leave to file the Civil Revision Petition and this Court has also granted leave.

2. On instructions, learned counsel for the respondents would submit that he is agreeable to implead the party respondents and argue the matter on merits.

3. Considering the submissions made, this Court is of the view that the order dated 21.05.2019 passed in I.A.No.255 of 2019 in O.S.No.130 of 2019 is not sustainable and accordingly, stands set aside and a direction is issued to the II Additional District Munsif, Thirukoilur, to give an opportunity to the revision petitioners to present their case and after hearing their arguments, pass orders afresh in I.A.No.255 of 2019 in O.S.No.130 of 2019, within a period of one month from the date of receipt of a copy of this order.

4. The Civil Revision Petition is disposed of accordingly. No costs. Consequently, connected civil miscellaneous petition is closed. 17.07.2019 Index : Yes/No Internet : Yes/No Note : Issue order copy on 18.07.2019 TK

M.GOVINDARAJ, J.

TK To The II Additional District Munsif II Additional District Munsif Court Thirukoilur.

CRP (PD) NO.2047 OF 2019 17.07.2019