The High Court directed the Chief Educational Officers to conduct an enquiry into allegations of illegal appointments of correspondents by the Ambur Synod within twelve weeks, after providing opportunity to parties.
Direction to respondents 5 to 7 to consider the complaint and conduct enquiry regarding the appointment of correspondents within twelve weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP.No.11825 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.11825 of 2023 and WMP. Nos.11730 and 11731 of 2023
.. Petitioners
Vs.
1
WP.No.11825 of 2023
Member Church Council-IELC and Managing Committee, Sanrorkuppam (Via) Ambur-635 802 Tiruppatur District.
Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the respondents to 1 to 4 to take appropriate and necessary action on the complaint of the petitioner dated 14.02.2023, 27.02.2023 and followed with lawyer notice dated 9.3.2023 and thereby to conduct full-fledged Enquiry regarding the modus-operandi and manner in which the appointments of Correspondents were made by the 10th and 11th respondent to the institutions run by the Ambur Synod in violations of 1959 Constitution and Amended Bye-Law 2022 of IELC.
2
WP.No.11825 of 2023
For Petitioner : Mr. S.N.Ravichandran For Respondents : Mr.E.Veda Bagathsingh, SGP
O R D E R
WMP.No.11730 of 2023 has been filed to permit the petitioners to
file the writ petition jointly is allowed, subject to payment of separate sets of court-fee by the petitioners within two weeks from the date of receipt of a copy of this order. In default of compliance, the order passed in the writ
petition shall be applicable only to the first petitioner.
respondents to 1 to 4 to take appropriate and necessary action on the complaint of the petitioner dated 14.02.2023, 27.02.2023 and followed with lawyer notice dated 9.3.2023 and thereby to conduct full-fledged Enquiry
regarding the modus-operandi and manner in which the appointments of Correspondents were made by the 10th and 11th respondent to the institutions run by the Ambur Synod in violations of 1959 Constitution and Amended Bye-Law 2022 of IELC.
3
WP.No.11825 of 2023
of Indian Evangelical Lutheran Church and the second respondent is duly elected executive committee member of Ambur Synod and Member of Property Standing Committee of Ambur Synod. In the Executive meeting which was conducted on 02.02.2023, no decision has taken to appointment of Correspondents. But the Executive Committee members, on 23.02.2023, issued orders to appoint 13 members as Correspondents. In this regard, the petitioners made a complaint on 14.02.2023 regarding violations of constitution and amended Bye-laws 2021 against the arbitrary and illegal appointments of correspondents by the 10 and 11 respondents. However, the said complaint is not considered so far. Hence, the present writ petition.
may direct the respondents 5 to 7 to conduct enquiry on the petitioner's representation and pass appropriate orders within the reasonable time as fixed by this Court.
WP.No.11825 of 2023
dispensed with.
18.04.2023
rli Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No
To
5
WP.No.11825 of 2023
M.DHANDAPANI,J.
rli
W.P.No.11825 of 2023
18.04.2023
6
2 issues framed by the court
Whether the respondent authorities are directed to conduct an enquiry into the allegations regarding the appointment of correspondents.
Whether limitations are placed on the authority to conduct the enquiry.
1 provisions across 1 enactments
S.Jayakumar
M.Baskaran
The Commissioner School Education, College Road, Chennai
The Director of Elementary Education, College Road, Chennai
The Joint Director of School Education, (Higher Secondary), College Road, Chennai
The Joint Director of School Education, (Secondary), College Road, Chennai
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
