Rt. Rev. Argst Barnabas v. S. Anish Aseer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD) Nos.964 to 966 of 2024 Rt. Rev. ARGST Barnabas, Bishop / The President, Executive Committee of Diocesan Council, CSI Tirunelveli Diocese ... Appellant/5th Respondent in all the Writ Appeals -vs1.S. Anish Aseer ... 1st Respondent/Writ Petitioner in W.A.(MD) Nos.107 and 108 of 2024 1.Jesuraja ... 1st Respondent/Writ Petitioner in W.A.(MD) No.109 of 2024 2.The Director of Collegiate Education, Chennai.
3.The Joint Director of Collegiate Education, Tirunelveli - 627 008.
4.The Commissioner of School Education, Chennai - 600 006.
5.The Chief Educational Officer, Tirunelveli - 627 009.
6.D.Jeyasingh, The Lay Secretary, Diocese of Tirunelveli, Palayamkottai - 627 002.
... Respondents 2 to 5 /Respondents 2 to 5 in all the Writ Appeals Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 12.05.2023, passed in W.M.P.(MD) Nos.10292 & 10294 of 2023 in W.P. (MD) No.11868 of 2023 and W.M.P.(MD) No.10297 of 2023 in W.P.(MD) No. 11869 of 2023, on the file of this Court.
For Appellant in :
Mr.H,Arumugam all the Writ Appeals For Respondents in:
Mr.Mohammed Ashick for R1 all the Writ Appeals Mr.D.Sadiq Raja, Additional Government Pleader for R2 to R5 Mr.Mohaboob Athiff for R6 COMMON JUDGMENT [Judgment of the Court was made by D.KRISHNAKUMAR, J.] These Writ Appeals have been preferred as against the interim order
dated 12.05.2023, passed by the Writ Court in W.M.P.(MD) Nos.10292 & 10294 of 2023 in W.P.(MD) No.11868 of 2023 and W.M.P.(MD) No.10297 of 2023 in W.P.(MD) No.11869 of 2023.
2. When these Writ Appeals are taken up for hearing, learned counsel for the appellant stated that the tenure of the elected office bearers expires on 12.04.2024 and by virtue of the interim order the present office bearers will continue as office bearers of the Tinnevely Diocesan Trust Association.
3. Learned counsel appearing for the first respondent / writ petitioner has not refuted the said submission of the learned counsel for the appellant and he states that the appellant can commence the election process for conducting election for the next tenure 2024 - 2027.
4. Learned counsel for the appellant states that the appellant is ready to commence the election process.
5. Since the tenure of the present office bearers will expire on 12.04.2024, we make it clear that it is open to the appellant to commence the election process for the tenure 2024 - 2027 and the question of law raised in these Writ Appeals are left open to be decided in the appropriate proceedings.
6. In view of the above, no further adjudication is required in these Writ Appeals. Hence, these Writ Appeals stands disposed of. No costs. Consequently, connected Civil Miscellaneous Petitions are closed. [D.K.K., J.] [R.V., J.] 30.01.2024 Index : Yes / No Internet : Yes / No SJ To 1.The Director of Collegiate Education, Chennai.
2.The Joint Director of Collegiate Education, Tirunelveli - 627 008.
3.The Commissioner of School Education, Chennai - 600 006.
4.The Chief Educational Officer, Tirunelveli - 627 009.
D.KRISHNAKUMAR , J.
and R.VIJAYAKUMAR, J.
SJ 30.01.2024