- (1.) While the civil revision petitions arise out of two exparte orders, passed by the I Additional Sub-Court, Trichy (i) granting an ad-interim injunction and (ii) directing the police to break open and hand over the records, pending a suit, the contempt petitions arise out of (i) a final order passed by me in CRP (MD) No. 2026 of 2010; and (ii) an interim order passed by me in CRP (MD) No. 2386 of 2010.
(2.) I have heard Mr. P.S. Raman and Mr. R. Muthukumaraswamy, learned senior counsel and also Mr. Veera Kathiravan, learned Counsel appearing for the Bishop/President of the Tamil Evangelical Lutheran Church, who is the Petitioner in both the civil revision petitions and also the Petitioner in one contempt petition and Mr. T.V. Ramanujun, learned senior counsel and Mr. G. Masilamani, learned senior counsel for the elected members of the Church Council and their supporters, who are Respondents in both the civil revision petitions and in one contempt petition and the Petitioner in another contempt petition.
(3.) The Respondents in both the civil revision petitions and in the second contempt petition were elected as the members of the Church Council, of a society by name Tamil Evangelical Lutheran Church in May 2010. But by an order dated 14-9-2010, the Bishop, who happens to be the President of the said society, assumed the functions of the Church Council to himself on various grounds including grounds of financial impropriety. Challenging the action of the Bishop/ President, the elected members of the Church Council filed a suit in O.S. No. 1001 of 2010 on the file of the I Additional Sub Court, Trichy, praying for a decree of declaration that the order passed by the Bishop/ President, invoking his emergency powers and abrogating the powers of the Church Council was illegal, null and void and for several consequential reliefs. Pending suit, the Respondents/Plaintiffs moved two applications in I.A. Nos. 1119 and 1120 of 2010. The prayer in the first application was for an interim order of injunction restraining the Bishop/President from interfering with the administration of the institution by the elected Church Council Members. The prayer in the second application was for a direction to the Commissioner of Police, Trichy to break open the lock of the Central Office of the Society and to provide protection to the Plaintiffs to enable them to function as elected Church Council Members.;