Madras High CourtWP(MD)/1854/2021disposed of

Sorna Booman Mount Pattan v. The Honourable A.Devasagayam (Retired Judge)

2021-02-19Honourable Mr Justice R. Mahadevan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2021

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN and WMP(MD)Nos.1590 & 1592 of 2021 Sorna Booman Mount Pattan ... Petitioner Vs.

1. The Hon'ble A.Devasagayam (Retired Judge), Election Tribunal No.2, DIOCESE of Tirunelveli, Tirunelveli, Tirunelveli District.

2. The Moderator Commissary, DIOCESE of Tirunelveli, Tirunelveli District.

3. The Administrator appointed by High Court -I, Madras, DIOCESE of Tirunelveli, Tirunelveli District.

4. The Administrator appointed by High Court -II, Madras, Church of South India, (CSI), DIOCESE of Tirunelveli, Tirunelveli District.

5. N.Retnaraj, Election Officer, DIOCESE of Tirunelveli, Tirunelveli District.

6. G.Jeyachandran, Election Officer, DIOCESE of Tirunelveli, Tirunelveli District.

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7. The Pastorate Chairman, Stephen Church, Church of South India (CBI), Gomathimuthupuram, Sankarankovil Taluk, Tenkasi District.

8. The Council Chairman, Stephen Church, Gomathimuthupuram, Sankarankovil Taluk, Tenkasi District.

9. Gnanadoss ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus praying for call for records pertain to impugned order dated 12.01.2021 passed by the Election Tribunal No.2, CSI, DIOCESE of Tirunelveli/1st Respondent in Election Appeal No.12/2020-2021 and set aside the same as illegal as against the petitioner alone and consequently directing the 7th and 8th respondents to refrain themselves from remove the petitioner's name from the voter list. For Petitioner : Mr.T.Indrachithu For R3 & R4 : Mr.Thangasivan For R9 : Mr.V.Meenakshi Sundaram

O R D E R

The petitioner has come up with this writ petition to quash the order dated 12.01.2021 passed by the Election Commission Tribunal No.II, Diocese of Tirunelveli, in Appeal No.12/2020-21 and for consequential direction.

2.Today, when the matter was taken up for consideration, the learned counsel for the petitioner, on instructions, submitted that as per the order of this Court dated 05.02.2021, he participated in the election, but he was defeated and hence, nothing survives for adjudication. However, the learned counsel sought liberty to the petitioner to challenge the same in the manner known to law.

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3.Granting such liberty to the petitioner, this writ petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are also dismissed.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) rk To

1. The Hon'ble A.Devasagayam (Retired Judge), Election Tribunal No.2, DIOCESE of Tirunelveli, Tirunelveli, Tirunelveli District.

2. The Administrator appointed by High Court, Madras, DIOCESE of Tirunelveli, Tirunelveli District.

3. The Administrator appointed by High Court, Madras, Church of South India, (CSI), DIOCESE of Tirunelveli, Tirunelveli District.

4. N.Retnaraj, Election Officer, DIOCESE of Tirunelveli, Tirunelveli District.

5. G.Jeyachandran, Election Officer, DIOCESE of Tirunelveli, Tirunelveli District.

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+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-6650[F] dated 23/02/2021 ) +2 CC to MR.V.MEENAKSHI SUNDARAM, Advocate ( SR-6759, 6485[F] dated 23/02/2021 ) and WMP(MD)Nos.1590 & 1592 of 2021 19.02.2021 KM (12.03.2021) P 9C 4/4