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Madras High CourtWP(MD)/1042/2019dismissed as infructuous

Jeyaraj Jeyakumar Christodoss, v. Regional Director-

2025-02-03Honourable Mr Justice V. Lakshminarayanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2025

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD) Nos.874 & 875 of 2019 Mr.Jeyaraj Jeyakumar Christdoss, Bishop of the Diocese of Tirunelveli, Bishopstowe, Residing at No.16, North Highground Road, Palayamkottai - 627 002.

... Petitioner Vs.

1.Regional Director-Southern Region - Chennai Ministry of Corporate Affairs, Government of India, V Floor, 'A' Wing, Shastri Bhavan, 26 Haddows Road, Chennai 600006.

2.Registrar of Companies - Tamil Nadu, Chennai, Block No.6, B-Wing, 2nd Floor, Shastri Bhawan, No.26, Haddows Road, Chennai - 600 006.

3.Tirunelvelly Diocesan Trust Association, Rep. by Managing Director, Diocesan Office, No.5, Punithavathiyar Street, Palayamkottai, Tirunelveli - 627 002, Page No. 1 of 6

4.Gunasingh Chelladurai 5.John Kirubakaran 6.Karuthiah Nadar Selvaraj 7.Amos Henry Lawrence Billy 8.Vijila Sathyanath 9.Thomas Stephen Selvinraj 10.Yesudasan Thankadurai 11.Paulraj Samson 12.Devadoss Gnanaraj ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of a Writ of Certiorarified Mandamus calling for the entire records of the second respondent relating to the impugned order issued by the first respondent in F.No.02/M.63/2018-19, dated 31.12.2018 and the findings made by the second respondent in Letter No.Roc/Chn/IPC/3009/2018 (A.H., Billy) dated 17.10.2018 insofar as the petitioner herein is concerned and quash the same as illegal, arbitrary, and devoid of merits and consequently direct the first and second respondents:

1. to remove the status of the TDTA in the records of MCA maintained by the second respondent, which is presently as 'Under management dispute',

2. not to invalidate DIR 12 e Forms - SRN No.G53785291 and SRN No.G53843603 and not to reinstate or restore the Directorship of respondents 6 - 12, if not done, or, if already invalidated, reverse such an invalidation, by restoring status quo ante, Page No. 2 of 6

3. not to reinstate respondents 6 to 11 as Directors of the TDTA or recognize them so,

4. not to proceed against the petitioner under Section 448 of the Companies Act, 2013.

For Petitioner : Mr.K.Rajeshwaran For R1 & R2 : Mr.G.Rajaraman For R7 : Mr.J.Barathan

O R D E R

This Writ Petition seeks for Writ of Certiorarified Mandamus calling for the entire records of the second respondent relating to the impugned order issued by the first respondent in F.No.02/M.63/2018-19, dated 31.12.2018 and the findings made by the second respondent in Letter No.Roc/Chn/IPC/3009/2018 (A.H., Billy) dated 17.10.2018 insofar as the petitioner herein is concerned, quashing the same as illegal, arbitrary, and devoid of merits, and consequently directing the first and second respondents:

i. to remove the status of the TDTA in the records of MCA maintained by the second respondent, which is presently as 'Under management dispute', ii. not to invalidate DIR 12 e Forms - SRN No.G53785291 and SRN No.G53843603 and not to reinstate or restore the Directorship of respondents 6 - 12, if not done, or, if already invalidated, reverse such an invalidation, by restoring status quo ante, Page No. 3 of 6

iii. not to reinstate respondents 6 to 11 as Directors of the TDTA or recognize them so, iv. not to proceed against the petitioner under Section 448 of the Companies Act, 2013.

2. Due to the efflux of time, the office to which the private respondents were elected as Directors has expired. Hence, there is nothing remaining for adjudication in this matter.

3. Therefore, this Writ Petition stands dismissed as infructuous . No cots. Consequently, connected Miscellaneous Petitions are closed. 03.02.2025 Index: Yes/ No Speaking Order / Non-Speaking Order JEN Copy To:

1.Regional Director-Southern Region - Chennai Ministry of Corporate Affairs, Government of India, V Floor, 'A' Wing, Shastri Bhavan, 26 Haddows Road, Chennai 600006.

Page No. 4 of 6

2.Registrar of Companies - Tamil Nadu, Chennai, Block No.6, B-Wing, 2nd Floor, Shastri Bhawan, No.26, Haddows Road, Chennai - 600 006.

Page No. 5 of 6

V.LAKSHMINARAYANAN , J.

JEN and W.M.P.(MD) Nos.874 & 875 of 2019 03.02.2025 Page No. 6 of 6