Christian Reformation People Association v. The Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.A.(MD)No.596 of 2024 and C.M.P.(MD)No.4247 of 2024 Christian Reformation People Association, Represented through its President, D.Devasakayam ... Appellant/Petitioner -Vs1.The Chief Secretary to Government, Tami Nadu, St. George Fort, Chennai - 600 009.

2.The Principal Secretary to Government, Personnel and Administrative Reforms Department, Secretariat, St. George Forts, Chennai - 600 009.

3.The Secretary to Government, School Education Department, Secretariat, St. George Fort, Chennai - 600 009.

4.The Director, Department of Higher Education, DPI Campus,

5.The Director, Department of School Education, DIP Campus, 6.The District Collector, Kanyakumari District, Kanyakumari.

7.The Chief Educational Officer, Nagercoil, Kanyakumari District.

8.The District Educational Officer, Nagercoil, Kanyakumari District.

9.Church of South India Trust Association, CIN No.U93090TN1947NPL000346, No.5, Whites Road, Royapettah, Chennai - 14.

10.The Bishop, Church of South India Trust Association, Kanyakumari Diocese, CSI Diocesan Office, No.71-A, Dennis Street, Nagercoil - 629 001, Kanyakumari District. ... Respondents PRAYER: Appeal filed under Clause 15 of Letters Patent, against the order passed in W.P(MD)No.2379 of 2024, dated 23.02.2024. For Appellants : Mr.Raja Mohammed for Mr.A.Rajaram For R-1, R-2 & R-6 : Mr.T.Amjad Khan, Government Advocate For R-3, R-4, R-5, R-7 & R-8 : Mr.D.Sadiq Raja, Additional Government Pleader For R-9 & R-10 : Mr.F.Deepak

JUDGMENT

[Judgment of the Court was delivered by D.KRISHNAKUMAR, J.] This Writ Appeal is directed against the order of the Writ Court, dated 23.02.2024 made in W.P(MD)No.2379 of 2024.

2. The appellant is the writ petitioner. The writ petition is filed seeking for issuance of a Writ of Mandamus, forbearing the 10th respondent from conducting the election of Deacons for the triennium 2024-2017 by considering the petitioner's representation, dated 25.11.2023. The said writ petition came to be dismissed by the Writ Court. Challenging the same, the appellant/writ petitioner has filed this writ petition.

3. We have heard the learned counsel appearing on either side and perused the materials placed before us.

4. It is seen that the writ petition is filed as against the private respondent Bishop. We are of the view that the writ petition itself is not maintainable under Article 226 of the Constitution of India and therefore, the writ appeal is also liable to be dismissed.

5. In the result, this writ appeal stands dismissed with liberty to the appellant to approach the appropriate forum. No Costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K., J.] & [R.V., J.] 26.03.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PM To:

1.The Chief Secretary to Government, Tami Nadu, St. George Fort, Chennai - 600 009.

2.The Principal Secretary to Government, Personnel and Administrative Reforms Department, Secretariat, St. George Forts, Chennai - 600 009.

3.The Secretary to Government, School Education Department, Secretariat, St. George Fort, Chennai - 600 009.

4.The Director, Department of Higher Education, DPI Campus,

5.The Director, Department of School Education, DIP Campus, 6.The District Collector, Kanyakumari District, Kanyakumari.

7.The Chief Educational Officer, Nagercoil, Kanyakumari District.

8.The District Educational Officer, Nagercoil, Kanyakumari District.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

PM W.A.(MD)No.596 of 2024 26.03.2024