The Supreme Court has dismissed as withdrawn a special leave petition against a Madras High Court judgment appointing J. Kanagaraj, a former High Court judge, as an administrator to solve disputes between different groups in the management of Tamil Evangelical Lutheran Church (TELC).
The Madurai Bench of the High Court had also restrained lower courts across the State from entertaining any new civil suit filed by or against the management of TELC, which is administering nine higher secondary schools, 128 primary schools, two old age homes, 28 orphanages, one hospital, one college and two teacher training institutes.
Rt. Rev. H.A. Martin, President/Bishop, TELC, filed special leave petitions against this judgment dated December 14, 2010. In a brief order, a Bench of Justice P. Sathasivam and Justice B.S. Chauhan said “It is brought to our notice that the review petition is pending before the High Court in respect of the same issue. Counsel for the petitioner seeks permission to withdraw the special leave petitions with liberty to pursue the review petition. Permission is granted. The SLPs are dismissed as withdrawn accordingly. We request the High Court to dispose of the review petition expeditiously.”
Contrary to HC order
In his SLPs, Rt. Rev. Martin said the appointment of administrator was contrary to the High Court order dated October 7, 2010, which said that there should not be any impediment for him to continue as Bishop and president of TELC, but he should not take any policy decision as president of TELC.
The SLPs said that when Article 29 of the Constitution “stipulates protection of interest of minorities and Article 30 stipulates right of minorities to establish and administer educational institutions, the High Court cannot nullify these rights.” Contending that the appointment of administrator would seriously affect the affairs of TELC, the SLPs sought quashing of the impugned order.
