Augustin Bens Raj v. The Bishop
WP(MD) NO. 29682 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23-10-2025
CORAM
THE HONOURABLE MR JUSTICE G.R.SWAMINATHAN WP(MD) NO. 29682 of 2025 and WMP(MD)Nos.22962, 22963 & 22964 of 2025 Augustin Bens Raj S/o Selva Raj, 13/21F, Sirayanvilai, Kalkulam, Neyyoor West, Kanyakumari District - 629803 Petitioner(s) Vs.
1. The Bishop Kanyakumari Diocese, CSI Diocesan Office, 71-A, Dennis Street, Nagercoil - 629001.
2. The Moderators Commissary, Kanyakumari Diocese, CSI Diocesan Office, 71-A, Dennis Street,. Nagercoil-629001.
3. The Kallukootam District Working Committee Represented by its Authorised Representative CSI - Kanyakumari Diocese, Kallukootam P.O., Kanyakumari District 629802.
4. The CSI Church, Uadarvilai, Kanyakumari District.
Respondent(s) For Petitioner(s): Mr.G.Anto Prince For Respondent(s): Mr.G.Sailendrababu for R1 to R4 Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order vide MC/0291/2025 dated 07.10.2025 passed by the 2nd respondent, quash the same as illegal and consequently direct the 2nd respondent to restore the petitioner's position as committee member of the 4th respondent church by considering petitioner's representation dated 08.10.2025.
ORDER
The learned counsel appearing for the petitioner seeks leave to withdraw this writ petition. This writ petition is dismissed as withdrawn. Liberty is given to the writ petitioner to move the jurisdictional trial court seeking the relief now sought for before this Court.
2.The learned counsel for the writ petitioner states that the plaint will be filed on 27.10.2025 at 10.030 AM and that the papers will be in order. Provided the papers are in order, the plaint as well as the I.A shall be numbered on the same day. Since the respondents have been put on notice, they also undertake to appear before the trial court when the I.A is taken up for disposal. In other words, when the I.A is taken up for disposal by the court below, preferably on 29.10.2025, the respondents shall file their counter affidavit and will be ready to argue the matter on merits. The court below shall endeavour to pass final order in the I.A within a period of one week thereafter. Papers will be served in advance on Mr.Chandramohan, the learned counsel who will appear for the defendants/respondents herein.
2.This writ petition is disposed of. No costs. 23-10-2025 SKM Note : Issue order copy on 23.10.2025
To
1. The Bishop Kanyakumari Diocese, CSI Diocesan Office, 71-A, Dennis Street, Nagercoil - 629001.
2. The Moderators Commissary, Kanyakumari Diocese, CSI Diocesan Office, 71-A, Dennis Street,. Nagercoil-629001.
3. The Kallukootam District Working Committee Represented by its Authorised Representative CSI - Kanyakumari Diocese, Kallukootam P.O., Kanyakumari District 629802.
4. The CSI Church, Uadarvilai, Kanyakumari District.
G.R.SWAMINATHAN, J.
skm WP(MD) NO. 29682 of 2025 and WMP(MD)Nos.22962, 22963 & 22964 of 2025 23.10.2025