Madras High Court
Julius Jawahar Devakandan vs Union Of India on 3 December, 2021
W.A.(MD) No.2149 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.A.(MD) No.2149 of 2021
and C.M.P.(MD) No.10002 of 2021
Julius Jawahar Devakandan ... Appellant/Petitioner
Vs.
1.Union of India,
Ministry of Corporate Affairs
Represented by its Secretary,
Shastri Bhawan,
Rajendra Prasad Road,
New Delhi – 1.
2.The Registrar of Companies
Chennai, Block No.6, B Wing 2nd Floor,
Shastri Bhawan 26,
Haddows Road, Chennai – 34.
3.Church of South India Trust Association,
CIN No.U93090TN194NPL000346,
Represented by its General Secretary,
No.5, Whites Road,
Royapettah, Chennai – 14.
4.Church of South India,
Represented by its Moderator,
No.5, Whites Road,
Royapettah, Chennai – 14.
5.CSI Diocese of Madurai Ramnad,
Represented by its Bishop,
162, East Veli Street,
Madurai – 1.
6.Fernandus Rethinaraja
General Secretary,
Church of South India,
No.5, Whites Road,
Royapettah, Chennai – 14. ... Appellants/Respondents
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W.A.(MD) No.2149 of 2021
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, praying to
set aside the order, dated 23.09.2021, made in W.P.(MD) No.17129 of
2021 by allowing the appeal.
For Petitioner : Mr.T.A.Ebenezer
For Respondent Nos.1 : Mrs.L.Victoria Gowri
&2 Assistant Solicitor General of India
For Respondent Nos.3 : Mr.Ajmalkhan
to 6 Senior Counsel for
M/s.Mahaboob Athiff
JUDGEMENT
(Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.)
W.P.(MD) No.17129 of 2021 was filed by the appellant herein for
issuance of a Writ of Mandamus, forbearing the Registrar of Companies,
Chennai, the second respondent herein from approving the elected or
nominated candidates as directors through unregistered Church of South
India or Synod or its dioceses otherwise than elected under Companies
Act, 2013 to the third respondent company. The said Writ Petition was
dismissed by the learned Single Judge and challenging the same, the Writ
Appeal has been filed.
2.Heard Mr.T.A.Ebenezer, learned counsel for the petitioner,
Mrs.L.Victoria Gowri, learned Assistant Solicitor General of India,
appearing for respondent Nos.1 and 2 and Mr.Ajmalkhan, learned Senior
Counsel, appearing for respondent Nos.3 to 6.
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W.A.(MD) No.2149 of 2021
3.Though the petitioner claims to be a Member of the 5 th
respondent Diocese, that was denied by respondent Nos.3 to 5. Since the
petitioner is neither a Member nor Director, he has no locus standi to
maintain the Writ Petition. Admittedly, the Church of South India is
registered under Section 26 of the Indian Companies Act, 1913, and it is
an independent entity. When the petitioner is not a Member of the third
respondent, he cannot be claimed to be a stakeholder. The learned
Single Judge has rightly observed that if the petitioner is aggrieved by
the conduct of the election, it is open to him to approach the
jurisdictional Civil Court and a mandamus cannot be issued to restrain
the statutory authority from performing the statutory functions. There is
no reason for interfering with the order of the learned Single Judge.
4.In view of the above, the Writ Appeal stands dismissed,
confirming the order of the learned Single Judge. No costs.
Consequently, connected Miscellaneous Petition is also dismissed.
[P.S.N.,J] [P.V.,J.]
03.12.2021
Index :Yes/No
Internet :Yes/No
sj
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W.A.(MD) No.2149 of 2021
PUSHPA SATHYANARAYANA, J.
and
P.VELMURUGAN, J.
sj
Note :
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the
correct copy, shall be the responsibility of the
advocate / litigant concerned.
To
1.The Secretary,
Ministry of Corporate Affairs
Union of India,
Shastri Bhawan,
Rajendra Prasad Road,
New Delhi – 1.
2.The Registrar of Companies
Chennai, Block No.6, B Wing 2nd Floor,
Shastri Bhawan 26,
Haddows Road, Chennai – 34.
W.A.(MD) No.2149 of 2021
03.12.2021
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