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Supreme Court - Daily Orders

Indian Evangelical Lutheran Church ... vs S.Muthuraj on 6 July, 2018

Bench: Kurian Joseph, Sanjay Kishan Kaul

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                                                                                      NON-REPORTABLE

                                         IN THE SUPREME COURT OF INDIA
                                          CIVIL APPELLATE JURISDICTION

                                     CIVIL APPEAL NO(S). 6101 OF 2018
                              [@ SPECIAL LEAVE PETITION (C) NO. 15668 OF 2018]


                         INDIAN EVANGELICAL LUTHERAN
                         CHURCH NAGERCOIL SYNOD                                   Appellant (s)

                                                          VERSUS

                         S.MUTHURAJ & ORS.                                        Respondent(s)


                                                   J U D G M E N T

KURIAN, J.

1. Issue notice. Mr. S. Rajappa, who appears on caveat, accepts notice on behalf of the respondents.

2. Leave granted.

3. Having heard the learned senior counsel appearing on both sides, we find that it would be in the fitness of things that the District Education Officer takes a fresh decision in place of the earlier decision taken on 13.04.2018 after hearing all the parties, since that is the genesis of the dispute arising in the present appeal.

4. Accordingly, this appeal is disposed of with a direction to Respondent No. 4 – District Education Signature Not Verified Officer, Cheranmahadevi, to take a fresh decision in Digitally signed by JAYANT KUMAR ARORA Date: 2018.07.11 15:52:06 IST Reason: place of his earlier decision dated 13.04.2018, after affording an opportunity of personal hearing to the appellant and Respondent Nos. 1, 2, 5 and 6. 2

5. The approval allegedly granted to the sixth respondent by the District Education Officer will be subject to the decision thus taken by him. The fourth respondent shall take a decision expeditiously and at any rate, within a period of three months. The status quo obtaining as on today shall continue till such time.

No costs.

.......................J. [ KURIAN JOSEPH ] .......................J. [ SANJAY KISHAN KAUL ] New Delhi;

July 06, 2018.

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ITEM NO.29                    COURT NO.4                      SECTION XII

                  S U P R E M E C O U R T O F            I N D I A
                          RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C)             No(s).   15668/2018

(Arising out of impugned final judgment and order dated 05-06-2018 in WAMD No. 790/2018 passed by the High Court Of Judicature At Madras At Madurai) INDIAN EVANGELICAL LUTHERAN CHURCH NAGERCOIL SYNOD Petitioner(s) VERSUS S.MUTHURAJ & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.82909/2018-EXEMPTION FROM FILING O.T. ) Date : 06-07-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Mr. Sanjay R. Hegde, Sr. Adv.

Ms. R. Sharath, Adv.

Mr. Debasis Misra, AOR For Respondent(s) Mr. V. Giri, Sr. Adv.

Mr. A. Reegan Prabhu, Adv.

Mr. Manav Vohra, Adv.

Mr. S. Rajappa, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeal is disposed of in terms of the signed non- reportable Judgment.

Pending interlocutory application(s), if any, is/are disposed of.

(JAYANT KUMAR ARORA) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR (Signed non-reportable Judgment is placed on the file)