Madras High Court
J.Jerold Dhanaraj vs The Moderator on 28 April, 2021
Application No.3392 of 2013
in CS.No.D21587 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2021
CORAM
THE HONOURABLE MR.JUSTICE V. PARTHIBAN
Application No.3392 of 2013
in
CS.No.D21587 of 2013
J.Jerold Dhanaraj
Church Council Member,
John Thomas Church Council,
Thoothukudi – Nazereth Diocese,
Meignanapuram,
Thoothukudi. ... Plaintiff
Vs.
1.The Moderator,
The Church of South India – Synod,
(The Bishop-In-charge)
Church of South India,
Toothukudi – Nazereth CSI Diocese,
No.5, Whites Road,
Royapettah,
Chennai – 600 014.
2.The Treasurer – cum – Convenor,
Election Disputes Commission,
Toothukudi – Nazereth CSI Diocese,
Caldwell High School Campus,
Thoothukudi.
3.The Vice Chairman,
Toothukudi – Nazereth CSI Diocese,
Caldwell High School Campus,
Thoothukudi.
1/4
https://www.mhc.tn.gov.in/judis/
Application No.3392 of 2013
in CS.No.D21587 of 2013
4.The Chairman,
Rev.John Thomas Church Council,
Church of South India,
Meignanapursm,
Thoothukudi District.
5.Arul Raja
6.A.Edward Jeyaseelan
7.R.Nancy Jermila
8.R.Martin Ranjith Singh
9.Soosannal
10.S.Selton
11.V.Sudahar Durairaj
12.K.S.Samuel Marshal Jeya Selvan
13.Pon Rani
14.D.Raja Singh
15.Jacob Manohar
16.A.Clemency Joy
17.Nirmal Singh
18.Panneer ... Defendants
Prayer: Application filed under Order XIV Rule 8 of O.S.Rules r/w
Order 3 Rule (1) of O.S.Rules and Clause 12 of Letters Patent,
praying to grant ad-interim injunction restraining the
respondents/defendants 1 and 2 from convening the Toothukudi –
Nazereth Diocese Council meeting and for election for Executive
Committee Members of the Diocese Council on 7th and 8th August
2013 by accommodating the defendants 5 to 16 elected from
Rev.John Thomas Church Council on 06.07.2013 to cast their votes
in the election, pending disposal of the above suit.
For Plaintiff : Mr.Rajasekaran
Mr.Krishna
2/4
https://www.mhc.tn.gov.in/judis/
Application No.3392 of 2013
in CS.No.D21587 of 2013
JUDGMENT
When this matter is taken up for hearing learned counsel for
respondents/defendants would submit that the prayer as sought for
in the plaint has become infractuous, since it relates to the validity
of the elections which was conducted on 06.07.2013. Learned
counsel for the defendants would submit that after the said
elections, periodical elections have been held and therefore nothing
really survives for consideration as on date.
2.Learned counsel for the plaintiff however would submit that
he would like to place submissions but this Court is not inclined to
grant adjournment in view of the averments and the prayer as
contained in the plaint. Therefore, this Court is in agreement with
the submission of the learned counsel for the defendants and is also
convinced that the suit has become infructuous. Therefore this
Application stands dismissed as infructuous. No costs.
Consequently, the Civil Suit stands closed at SR stage.
28.04.2021
mrm
Index : Yes/No
Internet : Yes/No
https://www.mhc.tn.gov.in/judis/
Application No.3392 of 2013
in CS.No.D21587 of 2013
V.PARTHIBAN, J.
mrm
Application No.3392 of 2013
in CS.No.D21587 of 2013
28.04.2021
https://www.mhc.tn.gov.in/judis/
