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Indian Evangelical Lutheran Church Nagercoil Synod v. S. Muthuraj & Ors.

Issue notice.

(Kurian Joseph and Sanjay Kishan Kaul, JJ.)

Indian Evangelical Lutheran Church Nagercoil Synod _______ Appellant

v.

S. Muthuraj & Ors. _______________________________ Respondent(s)

Civil Appeal No(s). 6101 of 2018 [@ Special Leave Petition (C) No. 15668 of 2018], decided on July 6, 2018

The Judgement of the Court was delivered by

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 Officer, Cheranmahadevi, to take a fresh decision in 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.

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.

6. No costs.

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

Indian Evangelical Lutheran Church Nagercoil Synod _____ Petitioner

v.

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.

(Before Kurian Joseph and Sanjay Kishan Kaul, JJ.)

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

ORDER

7. Leave granted.

8. The appeal is disposed of in terms of the signed nonreportable Judgment.

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

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