Citation : 2025 Latest Caselaw 29 Mad
Judgement Date : 1 April, 2025
W.A.(MD)No.1870 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.04.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A.(MD)No.1870 of 2021
and
C.M.P.(MD)No.8197 of 2021
and
C.M.P.(MD)Nos.3880, 5747 & 8988 of 2022
P.Jeyasingh Malraj ... Appellant
Vs.
1.The District Registrar (Administration),
Cheranmahadevi Registration District,
Cheranmahadevi, Tirunelveli District.
2.The District Educational Officer,
Tirunelveli District.
3.The District Educational Officer,
Valliyoor, Tirunelveli District.
4.The District Educational Officer,
Cheranmahadevi,
Tirunelveli District.
5.The District Educational Officer,
Tiruchendur, Thoothukudi District.
1/6
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W.A.(MD)No.1870 of 2021
6.S.Thomas Walker
7.R.Paul George ... Respondents
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order dated 21.09.2021 in
W.P.(MD) No.11311 of 2021 on the file of this Court.
For Appellant : Mr.G.Prabhu Rajadurai
For Respondents : Mr.R.Suresh Kumar,
Spl. Government Pleader for R1 to R5.
Mr.K.Ragatheesh Kumar,
For M/s.Isaac Chambers.
JUDGMENT
Heard both sides.
2.The case on hand pertains to election held for the triennium ie.,
2019 – 2022 to elect the office bearers of Tirunelveli CMS Evangelical
Church Society, Idaiyankulam. The learned Single Judge vide order
dated 21.09.2021 dismissed W.P.(MD)No.11311 of 2021 filed by the
appellant herein.
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3.The learned counsel for the appellant as well as the learned
counsel for the interveners sought short accommodation to argue case at
length. In normal circumstances, we would accept such a request. But in
this case, there is no need because in writ proceedings, the validity of the
election held for the subsequent triennium ie., 2022 – 2025 had already
been decided. The contesting respondents filed W.P.(MD)No.30601 of
2023 for directing the district administration to file Form VII. The writ
petition was allowed on 31.07.2024. Aggrieved by the same, the writ
appeals were filed and they were dismissed on 02.12.2024 by the Hon'ble
Division Bench. Since all the issues regarding the subsequent triennium
had already been decided, the question of going into the issues raised in
respect of the previous triennium ie., 2019 – 2022 does not arise at all.
In any event, we grant liberty to the appellant to workout his rights in the
pending civil suit. We direct the learned II Additional District Munsif,
Tiruneveli to dispose of O.S.No.207 of 2020 on merits and in accordance
with law within a period of six months from the date of receipt of a copy
of this judgment.
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4.The writ appeal is dismissed as infructuous with the aforesaid
direction. No costs. Consequently, connected miscellaneous petitions are
closed.
(G.R.S. J.,) & (M.J.R. J.,)
01.04.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
To:-
1.The District Registrar (Administration), Cheranmahadevi Registration District, Cheranmahadevi, Tirunelveli District.
2.The District Educational Officer, Tirunelveli District.
3.The District Educational Officer, Valliyoor, Tirunelveli District.
4.The District Educational Officer, Cheranmahadevi, Tirunelveli District.
5.The District Educational Officer, Tiruchendur, Thoothukudi District.
Copy to:
The II Additional District Munsif Court, Tiruneveli.
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/04/2025 03:56:08 pm )
G.R.SWAMINATHAN, J.
and M.JOTHIRAMAN, J.
ias
01.04.2025
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