ORDER

The petitioners who are Defendants in the Original Suit in O.S.No.207 of 2018, on the file of the learned Principal District Munsif, Madurai Town, have filed the Transfer Civil Miscellaneous Petition to withdraw the aforesaid Original Suit from the file of the said Court and to transfer the same to any other competent Court.

2.The respondent herein has filed the aforesaid original suit for the relief of declaration that the alleged termination of https://hchseirvsice s.ecsoeurtrs.vgoiv.icn/hecse rviacess/ Assistant Presbyter at the St.George Church, Madurai by the order of the 5th petitioner/5th defendant dated

27.03.2018 is illegal, null and void and non-est in law and also sought for consequential relief of permanent injunction against the petitioners/defendants.

3.The learned Counsel for the petitioners would submit that the 2nd to 5th petitioners before this Court are the members of the Ad-hoc Committee appointed by the 1st petitioner herein. The Ad-hoc Committee was appointed by the 1st petitioner for the administration of the St.George Church as the tenure of the office bearers of the said church has been completed. However, in respect of the church election, two Original Suits in O.S.Nos.157 of 2017 and 271 of 2017 have been filed before the Principal District Munsif, Madurai Town, wherein Advocate Commissioner was appointed.

4.The grievance of the petitioners before this Court would be that though St.George’s Church is the protestant Church, the learned District Munsif has appointed the Advocate Commissioner belongs to CSI denomination to conduct election. Apart from that the whole issue is pertaining to the invasion of CSI denomination against the church of Protestant Churches. In this regard St.George’s Church has filed a suit in O.S.No.236 of 2018 sought for the relief of Permanent Injunction restraining the CSITA and its men from interfering in the management of St.George’s Church and its branch Churches and the same is pending before the learned Ist Additional Subordinate Court, Madurai. Apart from that another suit was filed in O.S.No.231 of 2018 on 12.04.2018 and by the order of Ad-Interim ex-parte Injunction of the learned Principal District Munsif, Madurai Town the functions of the Ad-hoc Committee was restrained without deciding the application filed under Order 1 Rule 8 of the Code of Civil Procedure.

5.The crux of the instant petition is that the learned Principal District Munsif, Madurai Town expressed his view, when the injunction application in I.A.No.293 of 2018 in O.S.No.213 of 2018 that he would grant the interim order on the day of the 1st hearing itself. However, against the Interim Order, the petitioners preferred Civil Revision Petition before this Court in C.R.P.No.888 of 2018 and got interim order in their favour and the same is pending. However, an application in I.A.No.274 of 2018 was filed to advance the date of hearing in the aforesaid O.S.No.207 of 2018 and the date of hearing was advanced. Since the date of hearing is advanced by the order of the learned Principal District Munsif, Madurai Town apprehension is irked in the mind of the petitioners and thereby they preferred complaint against the said Munsif as their application for adjournment was dismissed without any valid cause.

6.In addition to the points canvassed as above, the learned counsel for the petitioners would also brought to the notice of this Court that the suit filed by them in O.S.No.236 of 2018 is pending before the learned I Additional Subordinate Judge, Madurai and the instant suit may be transferred to the file of the said Court as the basis of these two cases are almost connected with each other.

7.Per contra, the learned counsel for the respondents would vehemently contend that the Tr.C.M.P. is filed with ulterior motive and it is an act of interference in the administration of justice. Moreover, he also added that the Judicial Officer cannot be dragged into the higher forum for his official act simply for the whims a