I C S I CHURCH DEVANANKURUCHI Vs. SWAMINATHAN

JUDGEMENT

(1.) THIS revision is directed against the order of District Munsif, Thiruchengode, made in I. A. No. 678 of 2002 in I. A. No. 21 of 2002 in O. S. No. 6 of 2002 dated 8-7-2002, dismissing the petition filed under Section 151 C. P. C. declining to grant police protection. Plaintiffs are the Revision Petitioners.

(2.) THE case of the Plaintiffs is that there was a London Mission Church in Devanankuruchi Village and a London Mission Teachers house, both 2 cents each in S. No. 91. London Missionary Society had transferred all its property in favour of Church of South India under the registered document on 11-4-1965. Natham Survey 0. 04 cents was sub-divided as S. No. 326/8. The old Church in the Teachers house was dilapidated. Regarding the construction of the house, there was a panchayat between Christians and Non-Christians of Adi-Dravidar Community on 4-2-2001 and again on 1-8-2001. Subsequently on 5-9-2001, there was a conciliation meeting in the presence of Thasildar, Thiruchengode. In all the Panchayat proceedings the Defendant was a party and he has also signed in all the meetings. Now, under the guise of Nattamai for Hindu Harijans and by the inducement of the Hindus, the Defendant is trying to obstruct the construction of the Pastor room's and bell tower as agreed in the panchayat proceedings on 5-12-2001. The Defendant unlawfully obstructed the masons engaged in the construction work and he has also lodged a complaint against the Pastor on 6-12-2001. Hence, the Plaintiffs have been constrained to file the suit for permanent injunction restraining the Defendant his men, agents and servants from in any way obstructing the construction of the Pastor's room adjoining to the Church in Natham S. No. 326/8 of Devanankuruchi Village.

(3.) I. A. NO. 21 of 2002:- The Plaintiffs have filed this application for grant of temporary injunction to restrain the Defendant from in any way obstructing the construction of the Pastor's room and bell tower of the Church. The application was adjourned to various dates for enquiry. Temporary injunction was granted on 18-3-2002, by allowing the petition.