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Madras High CourtWP(MD)/4154/2021closed

Anburaj Joseph.S v. The Moderator/Bishop Incharge

2021-03-26Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2021

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN S.Anburaj Joseph ... Petitioner Vs

1. The Moderator/Bishop Incharge, CSI Tirunelveli Diocese, No.5, Punithavathiar Street, Palayamkottai, Tirunelveli, Tirunelveli District.

2. The Moderator's Commissary, CSI Tirunelveli Diocese, 16, North High Ground Road, Bishop Stowe, Palayamkottai, Tirunelveli District.

3. The Council Chairman, Central Church Council, CSI Tirunelveli Diocese, No.5, Punithavathiar Street, Palayamkottai, Tirunelveli, Tirunelveli District.

4. The Pastorate Chairman, Palayamkottai Pastorate, Palayamkottai, CSI Tirunelveli Diocese, No.5, Punithavathiar Street, Palayamkottai, Tirunelveli, Tirunelveli District.

5. The Hon'ble Administrators, CSI Tirunelveli Diocese, Tirunelveli District.

6. The Election Officers, CSI Tirunelveli Diocese, Tirunelveli District.

7. The Rt.Rev.Dr.D.Chandrasekaran, Moderator's Commissary, CSI Tirunelveli Diocese, Tirunelveli. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the 1/3

fifth and sixth respondents herein to consider the representation dated 22.02.2021 and take immediate steps to convene the Palayamkottai Pastorate Committee meeting and hold II Phase elections in accordance with Chapter II Rule 3 of the Constitution of Tirunelveli CSI Diocese (dispensing with the participation of nominated members) within a time stipulated by this Court. For Petitioner : Mr.V.Meenakshisundaram for Mr. Nallathambi For Respondents : Mr.Veera Kathiravan Senior Counsel for M/s.Veera Associates (R2) Mr.Thangasivan (R5) Mr.G.Prabhu Rajadurai(R4)

ORDER

The relief sought in this writ petition is to issue a mandamus directing the fifth and sixth respondents herein to consider the representation dated 22.02.2021 and take immediate steps to convene the Palayamkottai Pastorate Committee meeting and hold II Phase elections, dispensing with the participation of nominated members, within a time to be stipulated by this Court. 2.On 10.03.2021, when the matter was taken up for consideration, this Court directed the learned Administrators to dispose of the representation of the petitioner dated 22.02.2021 on merits and in accordance with law, on or before 12.03.2021 and file a report, after communicating the decision to all the connected parties.

3.Pursuant to the aforesaid order, the learned Administrators considered the representation of the petitioner and passed an order on 11.03.2021, thereby permitting Rev.A.Peter Devadoss to convene the meeting, conduct the meeting for the 2nd phase of election and perform all his functions as Pastorate Chairman of Holy Trinity Church, Palayamkottai. A copy of the said order passed by the learned Administrators has also been produced before this Court through e-mail.

4.In view of the above, this Court is of the opinion that nothing survives for adjudication. Hence, this writ petition stands closed. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

+1CC to M/s. Veera Associates, Sr.No. 14274 dated 29.03.2021 26.03.2021 SGS(CO) KB(25.05.2021) 3P 2C 3/3