IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-03-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

1.Mr.Sankar @ Johnson Sankar Church Committee Member, S/o. Mr.Anandan, No.C4, 5th Street, Panneerselvam Nagar, Ambur – 635 802.

2.Mr.Easterdass ..Petitioners Vs.

1.The India Evangelical Lutheran Church (IELC), Represented by its General Treasurer cum Secretary, No.47, Edams Road, Tenampet, Chennai – 600 018.

2.Mr.P.Jesudoss Premkumar, Chief Election Officer, IELC, 321, Lutheran Mission Compound, K.P.Road, Nagarcoil – 629 001.

3.Mr.J.S.Victor Jayapragasam, Election Officer, Immanuel Lutheran Church, No.19/9, Mission Compound, Ambur – 636 802.

4.Mr.S.Stanley Sathish, Election Officer, Immanuel Lutheran Church, No.19/9, Mission Compound, Ambur – 636 802.

5.Mr.J.John Ebenezer, Election Officer, Immanuel Lutheran Church, No.19/9, Mission Compound, Ambur – 636 802.

6.Mr.J.Jaya Prasath, Election Officer, Immanuel Lutheran Church, No.19/9, Mission Compound, Ambur – 636 802.

7.Mr.Wilson Azaria, President, Immanuel Lutheran Church, No.19/9, Mission Compound, Ambur – 636 802. 8.Mr.G.T.Walter, Secretary, Immanuel Lutheran Church, No.19/9, Mission Compound, Ambur – 636 802. 9.Mr.S.Yonathan, Treasurer, Immanuel Lutheran Church, No.19/9, Mission Compound, Ambur – 636 802.

..Respondents Prayer: This Civil Revision Petition has been filed under Article 227 of the Constitution of India praying to set aside the return docket order dated 07.02.2026 in unnumbered O.S.(SR) No.127 of 2026 passed by the Principal District Munsif Court, Ambur and consequently, direct the registry to number the same.

For Petitioners : Mr.Akshay Raam

ORDER

This Civil Revision Petition has been filed by the Petitioners praying to set aside the return Docket Order dated 07.02.2026 in unnumbered O.S.(SR) No.127 of 2026 passed by the learned Principal District Munsif, Ambur and consequently, direct the Registry of the Principal District Munsif Court, Ambur to number the suit in O.S.(SR) No.127 of 2026.

2. The brief facts of the case are that the Petitioners have filed a suit in O.S.(SR) No.127 of 2026 before the Principal District Munsif Court, Ambur for the following reliefs:

(i) To declare the congregation election of Immanuel Lutheran Church, Ambur held on 27.07.2025 conducted by the Respondents 2 to 6 as null and void, being contrary to IELC Constitution and Bye-laws and consequently, direct the 2^nd Respondent to conduct a fresh congregation election to Immanuel Lutheran Church, Ambur, in accordance with law;

(ii) To grant a permanent injunction restraining the 1^st Respondent, from in any manner giving effect to, or acting upon, the decision of the present office holders in the IELC structure that is traceable to or derived from the results of the congregation election held on 27.07.2025 at Immanuel Lutheran Church, Ambur; and (iii) To direct the Respondents to pay the cost of the suit.

3. The aforesaid suit is not yet numbered. While so, the learned Principal District Munsif, Ambur vide Docket Order dated 07.02.2026, returned the Plaint in O.S.(SR) No.127 of 2026. The said Docket Order reads as follows:

“This Court is not having jurisdiction to try the suit relating to bye-laws, administration and election dispute of the Defendant Church registered under the Societies Registration Act. This Plaint is to be filed before the Hon’ble District Court as per Societies Registration Act, 1860 and T.N.Societies Registration Act, 1975. Hence, Returned.”

Aggrieved by the above order, the Petitioners have filed the present Civil Revision Petition before this Court.

4. The learned counsel for the Petitioners submitted that the cause of action for the present suit arises out of violation of the Society’s bye-laws and infringement of Petitioners’ civil right to participate in a lawful election. The dispute involved in this suit is inherently civil in nature and thus, the present suit can be tried by a Civil Court. Without considering these aspects, the learned Principal District Munsif, Ambur had