IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. KIRUBAKARAN, P. VELMURUGAN, JJ.
Rev. S. Immanuel Devakadatcham & Others – Appellant
Versus
M.M. Rajendran & Others – Respondent
Review Application Nos. 117 to 120 of 2020 & Cont.P. No. 1135 of 2019
Decided On : 03-02-2021
Contempt of Court - Suspension Order - Judgment dated 11.01.2018 - [Contempt of Court] - [Suspension Order] - [Contempt of Courts Act, 1971] - The judgment discussed the suspension of the petitioners from the primary membership of St.George’s Cathedral Church, the extension of the suspension order, and the willful disobedience of the respondents to implement the directions given by the Division Bench of the Court. The Court found the respondents guilty of contempt and sentenced them to three months simple imprisonment and a fine of Rs.1,500 each.
Fact of the Case:
The petitioners filed a suit in C.S.No.731 of 2012 and were suspended from the primary membership of St.George’s Cathedral Church on 28.06.2013. The suspension expired on 28.06.2014, and the petitioners filed another suit in C.S.No.634 of 2015. The Division Bench of the Court directed the respondents to issue Cathedral Chime sheets and pew sheets to the petitioners, pending adjudication of C.S.No.731 of 2012.
Finding of the Court:
The Court found the respondents guilty of contempt for willfully disobeying the judgment of the Court and sentenced them to three months simple imprisonment and a fine of Rs.1,500 each.
Issues: The main issues were the extension of the suspension order, the willful disobedience of the respondents, and the contempt of Court.
Ratio Decidendi: The Court held that the respondents willfully disobeyed the judgment of the Court and were guilty of contempt under Section 12 of the Contempt of Courts Act, 1971.
Final Decision: The Review Applications were dismissed, and the Contempt Petition was allowed. The respondents were sentenced to three months simple imprisonment and a fine of Rs.1,500 each.
JUDGMENT :
P. Velmurugan, J.
(Prayer: These Review Applications have been filed under Order 47 Rule 1 r/w Section 114 of C.P.C. against the common order passed by this Court in O.S.Nos.305 to 308 of 2017, dated 11.01.2018.
Petition filed under Section 11 of the Contempt of Court Act, 1971, praying to punish the respondents for willful disobedience of the common order dated 11.01.2018 in O.S.A.Nos.305 to 308 of 2017.)
1. The first defendant in C.S.No.634 of 2015, is the review applicant in Review Application Nos.117 to 120 of 2020. The plaintiffs in C.S.No.634 of 2015 are the petitioners in Contempt Petition Nos.1135 of 2019. The plaintiffs are the Trustees of the St.George’s Cathedral Trust and the defendants are the Presbyter-in-charge, Bishop and Presbyter-in-charge, respectively.
2. Since both the Review Applications and Contempt Petition are interlinked, they are taken up for final disposal by this common order.
3. Originally, the petitioners, as plaintiffs instituted the suit in O.S.No.731 of 2012 against the defendants/respondents 1 to 3 in Contempt Petition No.1135 of 2019 for declaration and permanent injunction. Pending O.S.No.731 of 2012, the petitioners/plaintiffs were suspended from the primary membership of St. George’s Cathedral Church on 28.06.2013. Subsequently, the petitioners have filed another suit in C.S.No.634 of 2015 against the defendants/respondents 1 to 3 in Contempt Petition No.1135 of 2019.
4. In the said suit in C.S.No.634 of 2015, the petitioners have filed an Application in O.A.No.804 of 2015 in C.S.No.634 of 2015 for interim injunction and this Court by an ex-parte order dated 04.08.2015, granted interim injunction for a period of four weeks. Subsequently, the review applicant/first defendant filed an Application in A.No.5797 of 2015 in C.S.No.634 of 2015 to vacate the interim injunction granted in O.A.No.804 of 2015 in C.S.No.634 of 2015 dated 04.08.2015. The petitioners/plaintiffs have also filed applications in O.A.Nos.802 to 804 of 2015 and A.No.5796 of 2015 in C.S.No.634 of 2015. All the above applications were jointly taken up by the learned Single Judge of this Court and the learned Single Judge vide common order dated 08.08.2017, vacated the interim injunction granted by this Court on 04.08.2015 and allowed the application in A.No.5797 of 2015 and dismissed the applications in A.No.5796 of 2015 and O.A.Nos.802 to 804 of 2015.
5. Challenging the above said common order dated 08.08.2017, the petitioners/plaintiffs have filed intra Court Appeals before the Division Bench of this Court in O.S.A.Nos.305 to 308 of 2017. The Division Bench of this Court, after hearing the appeals, by common judgment dated 11.01.2018, disposed of all the appeals with a direction to the respondents, that the petitioners should be issued with the Cathedral Chime sheets in the form that they are presently given without inclusion of the fact that the petitioners as the Clergy trustees, pending adjudication of C.S.No.731 of 2012 and further the pew sheets also should be issued to the petitioners, which would include their names and names of their family members on auspicious days, such as, birthdays and wedding anniversaries.
6. Being aggrieved by the said Common Judgment passed by the Division Bench of this Court dated 11.01.2018, the defendants/respondents in Contempt Petition No.1135 of 2019 filed Special Leave Petitions in S.L.P.Nos.12688 to 12691 of 2018 before the Hon’ble Supreme Court. Subsequently, the said S.L.Ps. filed before the Hon’ble Supreme Court were dismissed as withdrawn by the first defendant with liberty to work out the remedies in the review petition filed before this Court.
7. Thereafter, the review applicant/first defendant has approached this Court by way of these Review Application Nos.117 to 120 of 2020 to review the common judgment dated 11.01.2018 passed in O.S.A.Nos.305 to 308 of 2017. Contempt Petition No.1135 of 2019, has been filed by the petitioners/plaintiffs to punish the defendants/respondent
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