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IN THE HIGH COURT OF MADRAS, MADURAI BENCH
R. Mahadevan, J.
R. Jayakumar Jayaraj - Appellant
Vs.
Deputy Inspector General of Police, Thirunelveli - Respondent
Writ Petition No. 21134 of 2017, 17952 of 2017, 22667 of 2017, 22668 of 2017, 22669 of 2017, 22670 of 2017, 17517 of 2017, 17518 of 2017, 17519 of 2017, 17520 of 2017, 17521 of 2017, 17522 of 2017, 17523 of 2017, 17524 of 2017, 13443 of 2017, 22446 of 2017, 24066 of 2017, 14740 of 2017, 14741 of 2017, 13729 of 2017, 13747 of 2017, 13748 of 2017, 13749 of 2017, 13873 of 2017, 15916 of 2017, 20118 of 2017, 22813 of 2017, 22814 of 2017, 22815 of 2017, 22816 of 2017, 14392 of 2017, 20774 of 2017; Writ Miscellaneous Petition No. 17382 of 2017, 17383 of 2017, 14469 of 2017, 14470 of 2017, 14471 of 2017, 14724 of 2017, 14725 of 2017, 18966 of 2017, 18967 of 2017, 18968 of 2017, 18969 of 2017, 14045 of 2017, 14046 of 2017, 14047 of 2017, 14048 of 2017, 14049 of 2017, 14050 of 2017, 14051 of 2017, 14052 of 2017, 14053 of 2017, 14054 of 2017, 14055 of 2017, 14056 of 2017, 14057 of 2017, 14058 of 2017, 14059 of 2017, 14060 of 2017, 18488 of 2017, 18489 of 2017, 18490 of 2017, 18491 of 2017, 18492 of 2017, 18493 of 2017, 18494 of 2017, 18495 of 2017, 10510 of 2017, 18496 of 2017, 18761 of 2017, 19090 of 2017, 20210 of 2017, 20211 of 2017, 11577 of 2017, 14908 of 2017, 11578 of 2017, 10714 of 2017, 10731 of 2017, 10732 of 2017, 10733 of 2017, 10801 of 2017, 10832 of 2017, 12579 of 2017, 12580 of 2017, 16412 of 2017, 16413 of 2017, 19108 of 2017, 19109 of 2017, 19110 of 2017, 19111 of 2017, 11277 of 2017, 17057 of 2017, 17058 of 2017
Decided On : 05-08-2019
Indian Companies Act, 1913 - Section 169 - Committee of Management of TDTA – Bank - Educational and health care institutions - Has been filed seeking a writ of Mandamus to call for entire records connected with impugned order passed by respondent in approving respondent as Correspondent in school namely Mary Sergeant Higher Secondary School District and quash the same and direct respondent to recognize Juliet as continuing in post of correspondent of Mary Sergeant Higher Secondary School District based upon resolution of SYNOD, respondent as per representation of Manager of TDTA - has been filed seeking a writ of Mandamus to call for entire records connected with the impugned order passed by respondent in approving respondent as Correspondent in school namely Secondary School District and quash the same and direct respondent to recognize as continuing in post of Correspondent of Secondary School District based upon resolution of SYNOD respondent and as per representation of Manager – Held, Administrators shall be paid a honorarium of each per month, apart from reimbursement of all expenses including travelling allowance incurred by them towards the discharge of their duties - In case Administrators appoint any Retired District Judge for their assistance, he shall be paid a honorarium per month - A proper place with all infrastructures including transport facilities, be arranged for functioning the Administrators forthwith by Executive Committee of the Diocesan Council - It will also be open to Administrators to engage services of one or two secretarial staff, to assist them remuneration of such staff shall be fixed by them and same shall also be paid by institution - All routine and regular payments, in respect of which there is a controversy, shall be placed before the Administrators for their decision and approval - If Administrators approve an expenditure/payment President as well as Treasurer shall sign for effecting such payments - To avoid any controversy and to clear all doubts regarding the role of the Administrators, this Court clarifies that the Administrators are appointed to look after all the financial aspects as well as appointments, postings, transfers, etc., with powers to step in, whenever there is a need for it - Arrangement made as above, shall continue for a period of one year and Administrators shall file the periodical report once in three months for passing further orders - Administrators are at liberty to seek appropriate directions from this Court as and when necessary with regard to their administration and security and they are at liberty to do their functions as Administrators with the powers entrusted by this Court - Any clarifications by any of the parties pursuant to this order, be placed before this Court for necessary orders/directions - Each and every members connected to Diocesan Council/Executive Committee/Synod should extend their fullest co-operation to Administrators, failing which same will be viewed seriously – Petition dismissed
JUDGMENT :
R. Mahadevan, J.
That THEY MAY ALL BE ONE, JUST AS YOU, FATHER, ARE IN ME, AND I IN YOU, THAT THEY ALSO MAY BE IN US, SO THAT THE WORLD MAY BELIEVE THAT YOU HAVE SENT ME."
-JESUS [John 17:21]
2. While PENNING THIS ORDER, WITH GREAT PAIN, I OBSERVE, "NOBLE OBJECT WITH WHICH THE EDUCATIONAL AND HEALTH CARE INSTITUTIONS OF THE DIOCESE OF THIRUNELVELI AND TINNEVELLY DIOCESAN TRUST ASSOCIATION WERE CREATED, IS BEING DEFEATED, BUT FOR THE PRESENT LITIGATIVE BATTLE."
3. W.P(Md)No.21134 of 2017 has been filed seeking a writ of Mandamus directing the respondent authorities 1 to 13 to take necessary action to enable and ensure the administrative committee appointed by the CSI Synod to exercise its power as affirmed by the Honourable Division Bench of this Court in the judgment in Thoothukudi Nazareth Diocese & another v. The Church of South India and another, 2009 4 LW 742, vide its proceedings dated 31.05.2017, over the administrations and management of the 14th respondent Diocese and its educational and health care institutions.
4. W.P(Md)No.17952 of 2017 has been filed seeking a writ of Certiorarified Mandamus to call for the records relating to the Company Master Data insofar as the inclusion of the name of the 2nd respondent as Director with effect from 11.07.2017 on the file of the first respondent and quash the same and further direct the 2nd respondent not to claim or act as the Secretary/Treasurer of the 3rd respondent company.
5. W.P(Md)No.17517 of 2017 has been filed seeking a writ of Certiorarified Mandamus to call for entire records connected with the impugned order passed by the 2nd respondent in Na.Ka.No.2682/Aa2/2017 dated 15.07.2017 approving the 5th respondent as Correspondent in the school namely Mary Sargeant Higher Secondary School, Palayamkottai, Tirunelveli District and quash the same and direct the 2nd respondent to recognize Dr.Jeyam Juliet as continuing in the post of correspondent of Mary Sargeant Higher Secondary School, Palayamkottai, Tirunelveli District based upon the resolution of SYNOD, the 3rd respondent dated 31.05.2017 and as per representation of the Manager of TDTA dated 05.06.2017.
6. W.P(Md)No.17518 of 2017 has been filed seeking a writ of Certiorarified Mandamus to call for entire records connected with the impugned order passed by the 2nd respondent in Na.Ka.No.2108/Aa4/2017 dated 19.07.2017 approving the 5th respondent as Correspondent in the school, namely, Samariah St. John's Higher Secondary School, Kulasekaranvilai, Tirunelveli District and quash the same and direct the 2nd respondent to recognize Mr.C.Jeyakar as continuing in the post of Correspondent of Samariah St. John's Higher Secondary School, Kulasekaranvilai, Tirunelveli District based upon the resolution of SYNOD, the 3rd respondent dated 31.05.2017 and as per representation of the Manager of TDTA dated 05.06.2017.
7. W.P(Md)No.17519 of 2017 has been filed seeking a writ of Certiorarified Mandamus to call for entire records connected with the impugned order passed by the 2nd respondent in Na.Ka.No.1301/Aa5/2017 dated 15.07.2017 approving the 5th respondent as Correspondent in the school namely Sarah Tucker Higher Secondary School, Palayamkottai, Tirunelveli District and quash the same and direct the 2nd respondent to recognize Mrs.Jeyaseeli Joy as continuing in the post of Correspondent of Sarah Tucker Higher Secondary School, Palayamkottai, Tirunelveli District based upon the resolution of SYNOD, the 3rd respondent dated 30.05.2017 and as per order of the Manager of TDTA dated 05.06.2017.
8. W.P(Md)No.17520 of 2017 has been filed seeking a writ of Certiorarified Mandamus to call for entire records connected with the impugned order passed by the 2nd respondent in Na.Ka.No.2643/Aa2/2017 dated 15.07.2017 approving the 5th respondent as Correspondent in the school, namely, Schaffter Higher Secondary School, Tirunelveli and quas
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