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Madras High CourtWP(MD)/25491/2025dismissed

S.M.Gunasekaran v. The District Collector

2025-09-17Honourable Mr Justice G.R.Swaminathan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.19963 of 2025 S.M.Gunasekaran ... Petitioner Vs.

1.The District Collector, District Collectorate Office, 2.The Sub Inspector of Police, Sivagangai Town Police Station, 3.The Bishop of CSI Madurai & Ramnad Diocese, The CSI Bishops of Madurai & Ramnad Office, 4.The Secretary, CSI Madurai & Ramnad Diocese, 1/6

5.The Rev.Peter Joseph, Pastorate Committee Chairman, CSI Immanuel Church College Road, 6.Rev King Samuel, ELC East Local Council Chairman, CSI Singampuneri Pastorate, Singampunari, Sivagangai District.

7.The Secretary, C.S.I.T.A (Church of South India Trust Association), No.5, Whites Road, Royapettai, Chennai - 600 014.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to conduct fresh election to the CSI Immanuel Church, Sivagangai Prostrate in accordance with the Constitution, Rules of the Dioceses of Madurai and Ramanathapuram and Church of South India Constitution and rules based on the petitioner's petition dated 15.06.2025.

For Petitioner : Mr.S.Samuel James Devasagayam 2/6

For Respondents : Mr.M.Lingadurai Special Government Pleader for R.1 Mr.A.Albert James Government Advocate (Criminal Side) for R.2

ORDER

Heard both sides.

2.The writ petitioner wants this Court to direct the authorities concerned to conduct a fresh election for the petition mentioned church. According to him, non-christians have also been elected. 3.Even according to the petitioner, the elections have already been conducted. He merely seeks fresh election to be held. However, unless the election that has already been held stands nullified, the question of issuing such a direction will not arise. The writ prayer is therefore misconceived.

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4.Granting liberty to the petitioner to work out his rights in the manner known to law, this writ petition is dismissed as non-maintainable. No costs. Consequently, connected miscellaneous petition is closed. 17.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The District Collector, District Collectorate Office, 2.The Sub Inspector of Police, Sivagangai Town Police Station, 3.The Bishop of CSI Madurai & Ramnad Diocese, The CSI Bishops of Madurai & Ramnad Office, 4.The Secretary, CSI Madurai & Ramnad Diocese, 4/6

5.The Rev.Peter Joseph, Pastorate Committee Chairman, CSI Immanuel Church College Road, 6.Rev King Samuel, ELC East Local Council Chairman, CSI Singampuneri Pastorate, Singampunari, Sivagangai District.

7.The Secretary, C.S.I.T.A (Church of South India Trust Association), No.5, Whites Road, Royapettai, Chennai - 600 014.

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G.R.SWAMINATHAN, J.

MGA 17.09.2025 6/6