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Madras High CourtWA(MD)/1870/2021dismissed as infructuous

P.Jeyasingh Malraj v. The District Registrar (Administration)

2025-04-01Honourable Mr Justice G.R.Swaminathan,Honourable Mr.Justice M.Jothiraman6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and C.M.P.(MD)No.8197 of 2021 and C.M.P.(MD)Nos.3880, 5747 & 8988 of 2022 P.Jeyasingh Malraj ... Appellant Vs.

1.The District Registrar (Administration), Cheranmahadevi Registration District, Cheranmahadevi, Tirunelveli District.

2.The District Educational Officer, Tirunelveli District.

3.The District Educational Officer, Valliyoor, Tirunelveli District.

4.The District Educational Officer, Cheranmahadevi, Tirunelveli District.

5.The District Educational Officer, Tiruchendur, Thoothukudi District.

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6.S.Thomas Walker 7.R.Paul George ... Respondents Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order dated 21.09.2021 in W.P.(MD) No.11311 of 2021 on the file of this Court. For Appellant : Mr.G.Prabhu Rajadurai For Respondents : Mr.R.Suresh Kumar, Spl. Government Pleader for R1 to R5.

Mr.K.Ragatheesh Kumar, For M/s.Isaac Chambers.

JUDGMENT

Heard both sides.

2.The case on hand pertains to election held for the triennium ie., 2019 - 2022 to elect the office bearers of Tirunelveli CMS Evangelical Church Society, Idaiyankulam. The learned Single Judge vide order dated 21.09.2021 dismissed W.P.(MD)No.11311 of 2021 filed by the appellant herein.

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3.The learned counsel for the appellant as well as the learned counsel for the interveners sought short accommodation to argue case at length. In normal circumstances, we would accept such a request. But in this case, there is no need because in writ proceedings, the validity of the election held for the subsequent triennium ie., 2022 - 2025 had already been decided. The contesting respondents filed W.P.(MD)No.30601 of 2023 for directing the district administration to file Form VII. The writ petition was allowed on 31.07.2024. Aggrieved by the same, the writ appeals were filed and they were dismissed on 02.12.2024 by the Hon'ble Division Bench. Since all the issues regarding the subsequent triennium had already been decided, the question of going into the issues raised in respect of the previous triennium ie.

, 2019 - 2022 does not arise at all. In any event, we grant liberty to the appellant to workout his rights in the pending civil suit. We direct the learned II Additional District Munsif, Tiruneveli to dispose of O.S.No.207 of 2020 on merits and in accordance with law within a period of six months from the date of receipt of a copy of this judgment.

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4.The writ appeal is dismissed as infructuous with the aforesaid direction. No costs. Consequently, connected miscellaneous petitions are closed.

(G.R.S. J.,) & (M.J.R. J.,) 01.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Registrar (Administration), Cheranmahadevi Registration District, Cheranmahadevi, Tirunelveli District.

2.The District Educational Officer, Tirunelveli District.

3.The District Educational Officer, Valliyoor, Tirunelveli District.

4.The District Educational Officer, Cheranmahadevi, Tirunelveli District.

5.The District Educational Officer, Tiruchendur, Thoothukudi District.

Copy to:

The II Additional District Munsif Court, Tiruneveli.

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G.R.SWAMINATHAN, J.

and M.JOTHIRAMAN, J.

ias 01.04.2025 6/6