THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN C.S.No.998 of 2010
1. Congregation of Zion Lutheran Church Pranthanery Rep. By its Member P.Rajesh Alwin
2. D.Davis Martin
3. Congregation of Lutheran Church Mylakara Represented by its Pastor Rev. R.Vijayakumar, Pastor
4. T.P.Aniljose
5. A.R.Shaji
6. A.Vijayakumar ... Plaintiffs Vs.
1. The India Evangelical Lutheran Church Rep. By its General Treasurer
2. The Trivandrum Synod – IELC Rep. By its Secretary
3. The Nagercoil Synod – IELC Rep. By its Secretary,
4. The Ambur Synod – IELC, Rep. By its Secretary,
5. The Election Commissioner, Indian Evangelical Lutheran Church, 21, Eldams Road, Teynampet, Chennai – 600 018.
6. The Regional Election Officer, Trivandrum Synod, No.321, Lutheran Mission Compound, K.P. Road, Nagercoil, Kanyakumar District – 639 001.
7. The Regional Election Officer, Nagercoil Synod, No.321, Lutheran Mission Compound, K.P. Road, Nagercoil, Kanyakumar District – 639 001.
PRAYER : The Civil Suit filed Under Order IV Rule 1 of O.S. Rules read with Order VII Rule of Civil Procedure Code praying for the following reliefs
a. declare the elections conducted by the defendants 5 to 7 as null and void;
b. declare that the elections to the Nagercoil Synod of the 1st defendant is illegal, null and void and grant a consequential Permanent Injunction restraining the 3rd defendant from functioning illegally;
c. declare that the elections to the Trivandrum Synod of the 1st defendant is illegal, null and void and grant a consequential Permanent Injunction restraining the 2nd defendant from functioning illegally;
d. declare that the defendants 2 and 3 are ineligible to vote for the post of the president of the 1st defendant and grant a consequential permanent injunction restraining the defendants 2 and 3 from voting in the election for the president of the 1st defendant;
e. Award damages of Rs.5,00,000/- be paid by defendants 5 to 7 to the plaintiffs
f. grant such other relief as this Hon'ble Court may deem fit under the circumstances
g. grant costs of this suit to the plaintiffs.
For Plaintiffs : Mr.V.Anand For Defendants : No appearance *******
J U D G M E N T
The learned counsel for the plaintiff submits that the suit has become infructuous and he has also made necessary endorsement to that effect, which reads as follows :-
“It is submitted that the plaintiffs have informed that the above suit has become infructuous. Hence the suit may be dismissed without costs”.
2. Recording the said memo, the suit is dismissed as infructuous. No costs.
02.02.2017 Index:yes/no Internet:yes vsi2 C.V.KARTHIKEYAN, J.
vsi2 Judgment in C.S.No.998 of 2010 02.02.2017 http://www.judis.nic.in