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2021 DIGILAW 308 (MAD)

R. Christian Ebenezer v. Church of South India, Kanyakumari Diocese, Rep by its Moderator & Bishop incharge, Kanyakumari

2021-01-29

KRISHNAN RAMASAMY

body2021
JUDGMENT : (Prayer: Review filed under Order XLVII Rule 1 and 2 read with Section 114 of Civil Procedure Code to review the order passed by this Court dated 23.09.2019 passed in CRP (MD)No.1412 of 2019.) 1. The present Review Application is filed to review the order passed by this Court in CRP (MD)No.1412 of 2019 dated 23.09.2019. 2. The grievance of the review petitioner is that his name was removed from the voters' list for the election, to be held on 30.01.2021. Learned counsel appearing for the review petitioner submits that the review petitioner is ready to handover the originals of the following documents: 1. Fixed Deposits bond 2. Bank Pass book 3. Cheque Books 4. Construction account books 5. Keys of the Church Bureau 6. Accounts Book He further submits that the land deeds of the Church, purchased after 2010, are in the custody of Sub Court Padmanabapuram in A.S.No.40 of 2015 and the deeds before the year 2010 is in the custody of Bishop CSI, Kanyakumari Diocese. Merely not handing over of those documents, they have removed revision petitioner's name from the voters' list, which is against the constitution of the Church. However, the petitioner has handed over copy of all the documents as per the Order of this Court. 3. On the other hand, Mr.Issac Mohanlal, learned Senior Counsel appearing for the Church of South India/first respondent herein submits that they have filed an application in CMP(MD)No.10224 of 2019 seeking for appropriate direction to modify the order passed by this Court on 23.09.2019 in CRP(MD)No.1412 of 2019. 4. The relevant portion of the order passed by this Court on 23.09.2019 is extracted herein under for ready reference:- “8. f. The respondent/plaintiff shall hand over the copy of the books of accounts and minutes books to the Bishop directly. The Bishop shall verify the accounts with regard to the amount of Rs.45,000/-, which according to the respondent, the Church is liable to pay, and in the event of any outstanding, the same shall be paid within a period of seven days from the date of receipt of the books. If the Bishop requires original books, the first respondent shall submit the original books of accounts and minutes book for verification in the presence of the first respondent.” 5. Learned Senior counsel further submits that the first respondent/review petitioner has failed to furnish the following originals:- 1. If the Bishop requires original books, the first respondent shall submit the original books of accounts and minutes book for verification in the presence of the first respondent.” 5. Learned Senior counsel further submits that the first respondent/review petitioner has failed to furnish the following originals:- 1. Accounts Book for the period from 01.06.2015 to 31.07.2017 2. Fixed Deposits Bond 3. Bank Pass Book 4. Cheque Books 5. Construction Account Books 6. Land Deeds 7. Keys of the Church Bureau 8. Expense Vouchers 9. Receipt Books 10. Community Hall Account Books 11. Audit Reports 6. In reply, MR.R.Lakshman, learned counsel appearing for the review petitioner fairly submits that he is ready to hand over all the original. However, he submits that since he has not handed over all the originals, his name was removed from the voters' list. However, he submits that he has no issue in handing over all the originals and further submits that he has filed an affidavit to that record. 7. Heard Mrs.Issac Mohanlal, learned Senior counsel for the first respondent/The Church of South India and perused the materials available on record. 8. On perusal, no such undertaking, as stated by the learned counsel for the review petitioner, is available on the records of the Court. 9. In view of the submissions made by Mr.R.Lakshman, learned counsel appearing for the Review Petitioner, this Court direct the review petitioner to furnish the following original documents:- 1. Accounts Book for the period from 01.06.2015 to 31.07.2017 2. Fixed Deposits Bond 3. Bank Pass Book 4. Cheque Books 5. Construction Account Books 6. Land Deeds 7. Keys of the Church Bureau 8. Expense Vouchers 9. Receipt Books 10. Community Hall Account Books 11. Audit Reports 10. It is made clear that all the above original documents shall be furnished to Paster of the Church of the Church of South India, Kanyakumari Diocese before 8.00 p.m today (29.01.2021) 11. Mr.Issac Mohanlal, learned Senior Counsel submits that on furnishing of all the original documents as stated above, the review petitioner will be permitted to vote in the election to be held on 30.01.2021. 12. Further, it appears that the review petitioner has furnished books of accounts upto 15.09.2018 and therefore, the review petitioner is directed to furnish all the books of accounts up to the order dated 23.09.2019 before 8.00 p.m today (29.01.2021). 13. 12. Further, it appears that the review petitioner has furnished books of accounts upto 15.09.2018 and therefore, the review petitioner is directed to furnish all the books of accounts up to the order dated 23.09.2019 before 8.00 p.m today (29.01.2021). 13. It is made clear that on production of all the original documents by the review petitioner before 8.00 p.m today (29.01.2021) as directed by this Court, the first respondent Church is directed to permit the review petitioner to vote in the election, to be held on 30.01.2021. 14. In view of the above direction, no further order is required in this Review Petition and the same is dismissed. No costs. Consequently, connected miscellaneous petition is disposed of.