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Madras High CourtWP(MD)/4532/2021disposed of

Rajaduraikirubakaran.A v. The Moderator/ Bishop Incharge

2021-03-31Honourable 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 and WMP(MD)No.3644 of 2021 A.Rajadurai Kirubakaran ... 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 District, Tirunelveli District.

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

7. Mr.G.Jeyachandran, Election Officer, Additional District Superintendent of Police (Retd) 1680/8, North High Ground Road, St John's College Hostel Campus, Palayamkottai, Tirunelveli.

... Respondents 1/3

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order of the seventh respondent dated 19.02.2021 and quash the same and consequently directing the respondents 1 to 6 not to permit any pastorate committee chairman to vote in the pastorate committee election and also to strictly follow the Chapter II Rule 26 of Diocesan Tirunelveli Constitution of Tirunelveli Diocese. For Petitioner : Mr.C.Jeganathan Mr.Veera Kathikeyan Senior Counsel For Respondents : M/s.Veera Associates -R1 to R3 Mr.Meenakshisundaram -R4 Mr.Thangasivan - R5

ORDER

Challenging the second order dated 19.02.2021 passed by the seventh respondent, the petitioner has come up with this writ petition. A direction has also been sought to the respondent authorities not to permit any pastorate committee chairman to vote in the pastorate committee election and also strictly follow Chapter II Rule 26 of the Constitution of Tirunelveli Diocese. 2.Today, when the matter was taken up for consideration, the learned counsel for the Administrators submitted that as directed by this Court vide order dated 10.03.2021, the learned Administrators passed Election Order No.17, on 11.03.2021, on the representation dated 22.02.2021 submitted by 13 elected pastorate committee members, to the effect that Rev.A.

Peter Devadoss is permitted 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 has also been produced before this Court through e-mail. 3.In view of the above, this Court is of the opinion that nothing survives for adjudication. Hence, this writ petition stands closed. However, it is open to the petitioner to work out his remedy in the manner known to law, if so advised. No costs. Consequently, connected Miscellaneous Petition is closed.

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

To

1. The Administrators, CSI Tirunelveli Diocese, Tirunelveli District.

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

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

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

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

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

+1CC to Mr.D.Nallathambi, Advocate, SR.No.15058 dated01/04/2021 and WMP(MD)No.3644 of 2021 31.03.2021 KB(25.05.2021) 3P 8C 3/3