Madras High CourtCRP(MD)/167/2015disposed of

K.Selvin Sundara Nayakamani, v. Y.Jeyapaul

2015-02-05Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2015

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA C.R.P.(PD)No.167 of 2015 K.Selvin Sundara Nayakamani .. Petitioner/Plaintiff (for himself and behalf of members of C.S.I. Pastorate church Puthukudy) Vs.

1. Y.Jeyapaul

2. S.Johnson

3. G.Rajan

4. The Paster/President, C.S.I.Pastorate Church, Vadasery & Post, Vadasery Village, Agasteeswram Taluk, Kanyakumari District.

5. The C.S.I. Kanyakumari Diocese, Nagercoil, represented by its Bishop, 71, Dennis Road, Nagercoil, Agasteeswram Taluk, Kanyakumari District. .. Respondents/Defendants Prayer: Petition is filed under Article 227 of the Constitution of India to direct the Principal District Munsif, Nagercoil to dispose I.A.No.612 of 2014 in O.S.No.274 of 2014 within a stipulated time. For Petitioner : Mr.C.T.Perumal ***

ORDER

This Civil Revision Petition is filed for a direction seeking early disposal of I.A.612 of 2014 in O.S.No.274, on the file of the Principal District Munsif, Nagercoil.

2. Heard the learned Counsel for the petitioner.

3. The suit itself is filed for permanent injunction restraining the defendants from acting as the Executive Committee of the C.S.I. Pastorate Church. The petitioner also had filed an application in I.A.No.612 of 2014 praying to pass an order of interim injunction restraining the defendants from acting as the Church Executive Committee members and from participating any future elections. The summons were issued and the defendants have also filed vakalat in the suit. https://hcservices.ecourts.gov.in/hcservices/

4. The petitioner has stated that the election is scheduled to be held on 15.02.2015 and the nominations are already received from 18.01.015. As the petitioner had already sought for an order of interim injunction restraining the defendants 1 to 3 from participating in the election or functioning as the Executive members, without the interlocutory application in I.A.No.612 of 2014 is being heard and disposed of, if the election is conducted, the petitioner would be put to serious prejudice. Therefore, the Civil Revision Petition is filed seeking for a direction to dispose of the application in I.A.No.612 of 2014.

5. Considering the limited prayer sought for by the petitioner, no notice is issued to the respondents. The Principal District Munsif, Nagercoil is directed to dispose of I.A.No.612 of 2014 in O.S.No.274 of 2014 on merits and in accordance with law, on or before 15.02.2015.

6. With the above directions, the Civil Revision Petition is disposed of.

Sd/- Assistant Registrar(CO) \\True copy\\ Sub Assistant Registrar To The Principal District Munsif, Nagercoil.

+1cc to MR.C.T.PERUMAL, ADVOCATE SR.NO.5301 C.R.P.(PD)No.167 of 2015 05.02.2015 SSL NA/06/02/2015/p2/3c https://hcservices.ecourts.gov.in/hcservices/