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2008 Supreme(Mad) 1478

Before the Madurai Bench of Madras High Court
R. BANUMATHI & S. MANIKUMAR
Tirunelveli CMS-Evangelical Church
Versus
The District Registrar, Cheranmahadevi
W.A.(MD)Nos.22 to 24 of 2008 & M.P.(MD)Nos.1 & 2 of 2008 in W.A.(MD)Nos.22 to 24 of 2008
Decided On : 30-04-2008

Advocates Appeared:
For the Petitioner:Isaac Mohanlal, Advocate. For the Respondent:R4, S. Mani, Advocate, R1 & R2, Pala. Ramasamy, Spl. Govt. Pleader.

The power of the Registrar to accept Form No.VII is a ministerial act and cannot be challenged by way of Writ Petition. The validity of election could only be decided by the competent civil court as the parties are entitled to let in their evidence to sustain their respective claims.

Headnote:

Writ Appeals - Church Society Dispute - Tamil Nadu Societies Registration Rules, 1975 - Rule 17, Section 34 - Ministerial Act of Registrar - Approval of Form No.VII - Challenge by Writ Petition - Validity of Election - Civil Court Jurisdiction

Fact of the Case:

Dispute between the Issac Group and the J.Daniel group of the Tirunelveli C.M.S.-Evangelical Church Society regarding the election to the Church Society and administration of schools led to multiple Writ Petitions and suits. The main contention was the approval of Form No.VII by the District Registrar and the validity of the election.

Finding of the Court:

The learned Single Judge held that the District Registrar has properly approved Form No.VII filed by the 1st Respondent Church Society and that the Managing Committee of the 1st Respondent Church Society, recognized by the District Registrar, alone has the authority to appoint the Correspondents. The Court dismissed the Writ Petition filed by the Appellants and directed the District Elementary Educational Officers to approve the Correspondents nominated by the 1st Respondent Church Society.

Issues: Validity of the approval of Form No.VII by the District Registrar, authority to appoint Correspondents, and the challenge of the election.

Ratio Decidendi: The power of the Registrar to accept Form No.VII is a ministerial act and cannot be challenged by way of Writ Petition. The validity of election could only be decided by the competent civil court as the parties are entitled to let in their evidence to sustain their respective claims.

Final Decision: The Writ Appeals were dismissed, and the District Elementary Educational Officers were directed to approve the Correspondents nominated by the 1st Respondent Church Society.

Judgment :-

1. Writ Appeal Nos.22 and 24 of 2008 are preferred against the order of the learned Single Judge, dated 20.12.2007, allowing W.P.(MD)Nos.2652/2006 and 2985/2007 and quashing the orders of the District Elementary Educational Officer, Tirunelveli, in R.C.No.150 B2/2006, dated 15.03.2006 and the District Elementary Educational Officer, Tuticorin, in M.M.No.874/A5/06, dated 25.09.2006 and the consequential orders dated 29.12.2006 and 31.01.2007 and directing them to approve the Correspondents nominated by the Tirunelveli CMS Evangelical Church Society, Idayankulam, the 1st Respondent in W.A.24 of 2008.

2. W.A.(MD)No.23/2008 is preferred against the order dismissing W.P.(MD)No.4225/2006 filed by Tirunelveli C.M.S.-Evangelical Church, Odaikarai. W.P.(MD)No.4225 of 2006 was filed challenging the proceedings of the District Registrar, Cheranmahadevi, Tirunelveli District, dated 05.05.2006, registering Form No.VII submitted by one J.Daniel, shown as Respondent No.4 in the said Writ Petition. For the sake of convenience, the parties are referred to as in W.A.(MD)No.24 of 2008.

3. When the Writ Appeals came up for hearing, we have expressed reluctance to hear the Appeals, since one of us (R. BANUMATHI,J.) had passed orders in W.P.(MD)No.2144/2006 (dated 06.03.2006) and W.P.(MD)No.2478/2006 (dated 15.03.2006) to consider the representation of both the Appellant and the 1st Respondent Church Society. Both the counsels have stated that these Appeals arise out of common order dated 20.12.2007 passed by the learned Single Judge (Justice P.Jeyapaul) and the orders passed in the earlier Writ Petitions are only incidental and may not be an impediment for hearing these Appeals. Both the counsels readily expressed their consent to get along with the Appeals.

4. The Multitude of litigation relates to Tirunelveli C.M.S.-Evangelical Church Society (in short "Church Society"). There are about 52 Churches functioning under 1st Respondent Church Society. The 1st Respondent Church Society also owns and administers 27 Primary and Middle Schools, both in Tirunelveli and Tuticorin Districts. The Schools are recognized and aided by the State Government Dispute between the 1st Appellant Group (Issac Group) and the 1st Respondent Church Society, represented by J.Daniel group, in respect of election to the Church Society and administration of schools led to filing of number of Writ Petitions as well as suits.

5. Relevant facts in nutshell are as follows:

(a) The1st Respondent Church Society, Idayankulam, was formed in 1925 and registered with Regn.No.2/25-26 and it was functioning from Idayankulam. Last election for the Society took place in 1998 for the triennium 1998-2001 held on 22.05.1998. Challenging the same, the father of 1st Appellant Isaac, namely Koil Pitchai, filed W.P.No.19213/1999. The said Koil Pitchai claimed that there were more members in the Society. The High Court had appointed Mr.Calvin Jacob, a Senior Member of the Bar, as Advocate Commissioner and members were directed to submit their claim and establish their membership. As per the order of the Court, Adhoc Committee was constituted and the Adhoc Committee scrutinized and finalised the membership. The Court directed that the membership finalised as per the bye-law by the Adhoc Committee shall be handed over to the District Registrar of Societies, Cheranmahadevi (in short "District Registrar") and the District Registrar will conduct the election.

(b) On the basis of the list furnished by the Adhoc Committee, the District Registrar notified the Election on 16.02.2002. The said Koil Pitchai challenged the same by filing another Writ Petition in W.P.No.2111/2002 and ultimately the Writ Petition was dismissed and the Writ Appeal was also dismissed with a direction to approach the Civil Court. Koil Pitchai also filed O.S.No.138/2004 on the file of District Munsif Court, Cheranmahadevi and the suit was dismissed on 30.12.2005 and the First Appeal preferred in A.S.No.53/2006 was als




































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