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Madras High CourtA/872/2025allowed

Rev.A.Suresh Kumar v. The Church Of South India And 2 Others

2025-02-24Honourable Mr Justice K.Kumaresh Babu3 pages

A NO. 872 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-02-2025

CORAM

THE HONOURABLE MR JUSTICE K.KUMARESH BABU A NO. 872 of 2025 in C.S.DR.No.27661 of 2025 Rev.A.Suresh Kumar Bishops Commissary, Church of South India, Tiruchirapalli, Thanjavur Diocese, Having Office at CSI Diocesan Office, Puthur, Tiruchy 620 017.

Applicant(s) Vs The Church of South India and 2 others Represented by its Officers/Committee of Administrators, CSI Synod, CSI Centre, No.5, Whites Road, Royapettah, Chennai 600

104. and 2 Others Respondent(s) For Applicant(s): Mr.A.R.L.Sundaresan, Senior Counsel for M/s.Karthikeyan Anbzhagan Salai Varun Isai Azhagan-ms/481/2017 Kaveen C-ms/694/2020 Naveen Infant For Respondent(s):

ORDER

In a proposed suit seeking for a permanent injunction, the intending plaintiff seeks leave to sue the 3 respondent/ defendant before this Court.

2.Mr.A.R.L.Sundaresan, learned Senior Counsel appearing for the applicant would submit that a Writ Petition had been filed by him, wherein, he had sought for a Mandamus to permit the Officers of the Council of the Church of South India, Tiruchirappalli to discharge all of its functions and considering the fact that the Writ Petition had been filed by the petitioner as a Bishop 's Commissary has been appoint by the out coming Bishop by his proceedings dated 07.06.2024 and also considering the fact that the first and second defendants are functioning within the jurisdiction of this Court, the substantial portion of the cause of action for the suit arose within the jurisdiction of this Court.

3.Upon considering the above submissions and examining the draft plaint and the affidavit filed in support of this Application and considering the fact that the first and second defendants are functioning within the jurisdiction of this Court, the cause of action for this suit has arisen partly within the jurisdiction of this Court. Consequently, A.No.872 of 2025 is allowed by granting leave to the applicant to sue the third respondent/ defendant before this Court. As a corollary, the Registry is directed to number the suit, if it is otherwise in order. 24-02-2025 Gba To

1. The Church of South India and 2 others

Represented by its Officers/Committee of Administrators, CSI Synod, CSI Centre, No.5, Whites Road, Royapettah, Chennai 600 104.

2. The Church of South India Trust Association a Company registered under the indian Company Act 1913 Represented by its Directors/Committee of Adinistrators, No.5, Whites Road, Royapetttah, Chennai 600 104.

3. Rev.V.Rajamansingh Creeper Cottage, 2, Allithurai road, Puthur, Trichy 620 017.