Madras High CourtCMP/12614/2025dismissed

D.Neegar Prince Giftson v. Rev. Dr. A.R.Chelliah

2025-06-13Honourable Dr.Justice Anita Sumanth,Honourable Mr.Justice N.Senthilkumar25 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-06-2025

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR AND OSA NO. 247 OF 2024,CMP NO. 29072 OF 2024,CMP NO. 12621 OF 2025,CMP NO. 13320 OF 2025,CMP NO. 13336 OF 2025,CMP NO. 13335 OF 2025,CMP NO. 29074 OF 2024,CMP NO. 12615 OF 2025,CMP NO. 12616 OF 2025,CMP NO. 12617 OF 2025

1. D.Neegar Prince Giftson 100, Beach Road, Caldwell School Campus, Thoothukudi - 628 001 and another

2. Rev. V.M.S. Tamil Selvan Vice Chairman, CSI Thoothukudi - Nazareth Diocese, 100, Beach Road, Caldwell School Campus, Thoothukudi - 628 001 Appellant(s) Vs

1. Rev. Dr. A.R.CHELLIAH

2.Church of South India Represented by its General Secretary CSI Synod Secreetariat, CSI CEntre, Chennai - 600 014.

3.The Administrators Road, Royapettah, Chennai - 600 014.

Respondent(s) OSA No. 247 of 2024

1. D.Neegar Prince Giftson Lay-Secretary. The CSI Thoothukudi - Nazareth Diocese, 100, Beach Road, Caldwell School Campus, Thoothukudi - 628 001 2.Rev. V.M.S. Tamil Selvan Vice Chairman, CSI Thoothukudi - Nazareth Diocese, 100, Beach Road, Caldwell School Campus, Thoothukudi - 628 001 Appellant(s) Vs

1. Rev. Dr. A.R.CHELLIAH

2.Church of South India Represented by its General Secretary CSI Synod Secreetariat, CSI CEntre, Chennai - 600 014.

3.The Administrators Road, Royapettah, Chennai - 600 014.

Respondent(s) CMP No. 29072 of 2024

1. Rev. Dr. A.R.CHELLIAH 2.Church of South India Represented by its General Secretary

CSI Synod Secreetariat, CSI CEntre, Chennai - 600 014.

3.The Administrators Road, Royapettah, Chennai - 600 014.

Respondent(s) CMP No. 12621 of 2025

1. D.Neegar Prince Giftson 100, Beach Road, Caldwell School Campus, Thoothukudi - 628 001 2.REV.V.M.S. Tamil Selvan

100. Beach Road, Caldwell School Campus, Thoothukudi-628 001 Appellant(s) Vs

1. REV.A.R. Chelliah Bishop in Charge, The CSI Thoothukudi, Nazareth Diocese, 100 Thoothukudi-628 001 2.Church of South India Rep by its General Secretary CSI Synod Road, Royapettah, Chennai-600 014 3.The Administrators

Road, Royapettah, Chennai-600 014 Respondent(s) CMP No. 13320 of 2025

1. A.Archibal Johnson S/o. P.Adaikalam Dharmaraj, 129, Church Street, Nazareth 628 617, Thoothukudi District.

Appellant(s) Vs

1. D.Neegar Prince Giftson by Secretary, The CSI Thoothukudi - Nazareth Diocese, 100, Beach Road, Caldwell School Campus, Thoothukudi - 628 001 2.Rev.V.M.S. Tamil Selvan, Vice Chairman The CSI Thoothukudi - Nazareth Diocese, 100, Beach Road, Caldwell School Campus, Thoothukudi - 628 001 3.Rev.D.R.A.R.Chellaiah 4.Church Of South India Represented by its General Secretary CSI Synod Secretariat, CSI Centre, Chennai - 600 014.

5.The Administrators Road, Royapettah, Chennai - 600 014.

Respondent(s) CMP No. 13336 of 2025

1. P. Franklin Asaf Jebaraj S/o. Ponraj.A, 26/10.A. Margoschis Street, Nazareth, Thoothukudi District.

Appellant(s) Vs

1. D. Neegar Prince Giftson, Lay Secretary The CSI Thoothukudi - Nazareth Diocese, 100, Beach Road, Caldwell School Campus, Thoothukudi - 001.

2.Rev. V.M.S. Tamil Selvan, Vice Chairman The CSI Thoothukudi - Nazareth Diocese, 100, Beach Road, Caldwell School Campus, Thoothukudi - 001.

3.Rev.A.R.Chellaiah Thoothukudi-Nazareth Diocese, 100 Thoothukudi - 001.

4.Church Of South India Rep. by its General Secretary, CSI Synod Secretariat, CSI Centre, No.5, Whites Road, Royapettah, Chennai -

014.

5.The Administrator Secretariat, CSI Centre, NO.5, Whites Road, Royapettah, Chennai - 014.

Respondent(s) CMP No. 13335 of 2025

1. D.Mohanraj Arumainayagam, 160D/36, Kurinjinagar 5th Street, Polepettai West, Tuticorin - 628 002.

Appellant(s) Vs

1. D.Neegar Prince Giftson, Lay-Secretary, The CSI Thoothukudi - Nazareth Diocese, 100, Beach Road, Caldwell School Campus, Thoothukudi - 628 001 2.Rev.V.M.Tamil Selvan, Vice Chairman, The CSI Thoothukudi - Nazareth Diocese, 100, Beach Road, Caldwell School Campus, Thoothukudi - 628 001 3.Rev.Dr.A.R.Chelliah, 4.The Church of South India, Represented by its General Secretary,

CSI Synod Secretariat, CSI Centre, Chennai - 600 014.

5.The Administrators, Road, Royapettah, Chennai - 600 014.

Respondent(s) CMP No. 29074 of 2024

1. Rev. Dr. A.R.CHELLIAH 2.Church of South India Represented by its General Secretary CSI Synod Secreetariat, CSI CEntre,

Chennai - 600 014.

3.The Administrators Road, Royapettah, Chennai - 600 014.

Respondent(s) CMP No. 12615 of 2025

1. D.Neegar Prince Giftson 100, Beach Road, Caldwell School Campus, Thoothukudi - 628 001 2.Rev. V.M.S. Tamil Selvan 100, Beach Road, Caldwell School Campus, Thoothukudi - 628 001 Appellant(s) Vs

1. Rev. Dr. A.R.CHELLIAH 2.Church of South India Represented by its General Secretary CSI Synod Secreetariat, CSI CEntre, Chennai - 600 014.

3.The Administrators Road, Royapettah, Chennai - 600 014.

Respondent(s) CMP No. 12616 of 2025

1. D.Neegar Prince Giftson 100, Beach Road, Caldwell School Campus, Thoothukudi - 628 001 2.Rev. V.M.S. Tamil Selvan Vice Chairman, CSI Thoothukudi - Nazareth Diocese, 100, Beach Road, Caldwell School Campus, Thoothukudi - 628 001 Appellant(s) Vs

1. Rev. Dr. A.R.CHELLIAH 2.Church of South India Represented by its General Secretary CSI Synod Secreetariat, CSI CEntre, Chennai - 600 014.

3.The Administrators Road, Royapettah, Chennai - 600 014.

Respondent(s) CMP No. 12617 of 2025

1. D.Neegar Prince Giftson

100, Beach Road, Caldwell School Campus, Thoothukudi - 628 001 2.Rev. V.M.S.Tamil Selvan 100, Beach Road, Caldwell School Campus, Thoothukudi - 628 001 Appellant(s) Vs

1. Rev. Dr. A.R.Chelliah 2.Church of South India Represented by its General Secretary CSI Synod Secreetariat, CSI CEntre, Chennai - 600 014.

3.The Administrators Road, Royapettah, Chennai - 600 014.

Respondent(s) PRAYER To permit the 2nd Respondent Synod of CSI to administer the CSI Thoothukudi Nazareth Diocese and to conduct elections of the said Diocese in accordance with the Constitution of the Church of South India and Constitution of Thoothukudi Nazareth Diocese 2024 and as per the order of the Honble Supreme Court.

OSA No. 247 of 2024 PRAYER To set aside the order dated 11.12.2024 of the Application in A.No. 5391 of 2024 in CS No. 225 of 2024 passed by this Honble Court. CMP No. 29072 of 2024 PRAYER To grant an ad-interim injunction restraining the 1st and 3rd Defendant and their representative or any one claiming through them from interfering with the functioning of the CSI Thoothukudi-Nazareth Diocese by the Appellants... CMP No. 12621 of 2025 PRAYER To clarify and pass orders on the report dated 13-05-2025 submitted by the Honourable Administrator of CSI TND to this Honourable Court after the Honourable Supreme Court order dated 02-05-2025 CMP No. 13320 of 2025 PRAYER To implead the petitioner herein as Respondent in the above OSA 247 / 2024 and all the other consequent and subsequent applications. CMP No. 13336 of 2025 PRAYER To implead the petitioners herein as respondent in the above O.S.A.247 of 2024 and all the other consequent and subsequent applications. CMP No. 13335 of 2025 PRAYER To implead the applicant herein as a party/respondent in the above suit O.S.A.No.247 of 2024....

CMP No. 29074 of 2024 PRAYER To Stay the operation of the order dated 11.12.2024 in A.No. 5391 of 2024 in

C.S.No. 225 of 2024 CMP No. 12615 of 2025 PRAYER to all the orders passed by the 1st Respondents without authority shall not be given effect to or kept in abeyance.

CMP No. 12616 of 2025 PRAYER To all orders passed by the Honble Administrator TND after 02.05.2025 i.e. the date of order passed by the Honble Supreme Court and the transfer orders of clergy and all subsequent orders passed by the 1st respondent and the Honble Administrator shall not be given effect to or kept in abeyance pass such further or other orders as this Honble Court CMP No. 12617 of 2025 PRAYER To Mandatory injunction directing the Honble Administrator and 1st Respondent to handover their respective offices to the 2nd Respondent, in view of the Honble Supreme Court Order dated 2.5.2025 pending disposal of the clarification of the Report dated 13.5.2025 of the Administrator pass such further or other orders as this Honble Court. For Appellant(s):

Mr. .V Prakash, Senior Counsel For Mr. A.M.Packianathan Easter, For Appellant For Respondent(s):

M/s.Adrian D.Rozario S.Tamil Selvi For R2

ORDER

(Order of the Court was made by Dr.Anita Sumanth J.) This order disposes 7 Miscellaneous Petitions that has been filed by the appellant in O.S.A.No.247 of 2024 and other individuals who seek to implead themselves as party respondents in O.S.A.No.247 of 2024.

2. Straightaway we reject the applications for impleadment as misconceived for the reason that the appeal has itself been disposed on 18.12.2024 and clarified on 10.01.2025. Hence the question of impleadment in an appeal that has been disposed does not arise. Hence, CMP Nos.13320, 13336 and 13335 of 2025 are dismissed. Needless to state that the parties may seek impleadment in the pending suit, if they so desire.

3. As far as other Miscellaneous Petitions are concerned, it would suffice if CMP No.12621 of 2025 were to be disposed as that would have a bearing upon the other Miscellaneous Petitions as well.

4. In CMP No.12621 of 2025, a clarification has been sought in respect of Report dated 13.05.2025 submitted by the Hon'ble Administrator appointed by this Court under order dated 10.01.2025.

5. Mr.V.Prakash, learned Senior Counsel appearing for

Mr.A.M.Packianathan Easter, learned counsel on record for the petitioner would point out that the circumstances that existed at the time when consent was granted for appointment of the Hon'ble Administrator have changed and hence certain clarifications are required.

6. Since the change in circumstances is post 18.12.2024, when the OSA has been disposed and 10.01.2025 when clarifications were obtained, and, in any event, since the parties are before the learned Judge in Suit, it would be appropriate that such change in circumstances be placed before the learned Judge for his appreciation and passing of appropriate orders.

7. This Court, having disposed the OSA on 18.12.2024, would not be the appropriate authority to consider the matter now. In this light of the matter, CMP No.12621 of 2025 is dismissed. Needless to state, the parties are at liberty to raise all contentions raised now before the learned Judge, including reference to the order passed by the Supreme Court on 02.05.2025. Incidentally, barring Mr.Prakash, all the other learned counsel would state that that order has no relevance in the present circumstances.

8. C.M.P.Nos.12614, 12617, 12616 and 12615 of 2025 are also dismissed

granting the same liberty as granted supra in CMP No.12621 of 2025. (ANITA SUMANTH J.)(N.SENTHILKUMAR J.) 13-06-2025 sl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Rev. Dr. A.R.CHELLIAH 2.Church of South India Represented by its General Secretary CSI Synod Secreetariat, CSI CEntre, Chennai - 600 014.

3.The Administrators Road, Royapettah, Chennai - 600 014.

OSA No. 247 of 2024 To 1.Rev. Dr. A.R.CHELLIAH 2.Church of South India Represented by its General Secretary CSI Synod Secreetariat, CSI CEntre,

Chennai - 600 014.

3.The Administrators Road, Royapettah, Chennai - 600 014.

CMP No. 29072 of 2024 To 1.Rev. Dr. A.R.CHELLIAH 2.Church of South India Represented by its General Secretary CSI Synod Secreetariat, CSI CEntre, Chennai - 600 014.

3.The Administrators Road, Royapettah, Chennai - 600 014.

CMP No. 12621 of 2025 To 1.REV.A.R. Chelliah Bishop in Charge, The CSI

Thoothukudi, Nazareth Diocese, 100 Thoothukudi-628 001 2.Church of South India Rep by its General Secretary CSI Synod Road, Royapettah, Chennai-600 014 3.The Administrators Road, Royapettah, Chennai-600 014 CMP No. 13320 of 2025 To 1.D.Neegar Prince Giftson by Secretary, The CSI Thoothukudi - Nazareth Diocese, 100, Beach Road, Caldwell School Campus, Thoothukudi - 628 001 2.Rev.V.M.S. Tamil Selvan, Vice Chairman The CSI Thoothukudi - Nazareth Diocese, 100, Beach Road, Caldwell School Campus, Thoothukudi - 628 001 3.Rev.D.R.A.R.Chellaiah

4.Church Of South India Represented by its General Secretary CSI Synod Secretariat, CSI Centre, Chennai - 600 014.

5.The Administrators Road, Royapettah, Chennai - 600 014.

CMP No. 13336 of 2025 To 1.D. Neegar Prince Giftson, Lay Secretary The CSI Thoothukudi - Nazareth Diocese, 100, Beach Road, Caldwell School Campus, Thoothukudi - 001.

2.Rev. V.M.S. Tamil Selvan, Vice Chairman The CSI Thoothukudi - Nazareth Diocese, 100, Beach Road, Caldwell School Campus, Thoothukudi - 001.

3.Rev.A.R.Chellaiah Thoothukudi-Nazareth Diocese, 100 Thoothukudi - 001.

4.Church Of South India Rep. by its General Secretary, CSI

Synod Secretariat, CSI Centre, No.5, Whites Road, Royapettah, Chennai - 014.

5.The Administrator Secretariat, CSI Centre, NO.5, Whites Road, Royapettah, Chennai - 014.

CMP No. 13335 of 2025 To 1.D.Neegar Prince Giftson, Lay-Secretary, The CSI Thoothukudi - Nazareth Diocese, 100, Beach Road, Caldwell School Campus, Thoothukudi - 628 001 2.Rev.V.M.Tamil Selvan, Vice Chairman, The CSI Thoothukudi - Nazareth Diocese, 100, Beach Road, Caldwell School Campus, Thoothukudi - 628 001 3.Rev.Dr.A.R.Chelliah, 4.The Church of South India, Represented by its General Secretary, CSI Synod Secretariat, CSI Centre,

Chennai - 600 014.

5.The Administrators, Road, Royapettah, Chennai - 600 014.

CMP No. 29074 of 2024 To 1.Rev. Dr. A.R.CHELLIAH 2.Church of South India Represented by its General Secretary CSI Synod Secreetariat, CSI CEntre, Chennai - 600 014.

3.The Administrators Road, Royapettah, Chennai - 600 014.

CMP No. 12615 of 2025 To 1.Rev. Dr. A.R.CHELLIAH

2.Church of South India Represented by its General Secretary CSI Synod Secreetariat, CSI CEntre, Chennai - 600 014.

3.The Administrators Road, Royapettah, Chennai - 600 014.

CMP No. 12616 of 2025 To 1.Rev. Dr. A.R.CHELLIAH 2.Church of South India Represented by its General Secretary CSI Synod Secreetariat, CSI CEntre, Chennai - 600 014.

3.The Administrators Road, Royapettah, Chennai - 600 014.

CMP No. 12617 of 2025 To 1.Rev. Dr. A.R.Chelliah 2.Church of South India Represented by its General Secretary CSI Synod Secreetariat, CSI CEntre, Chennai - 600 014.

3.The Administrators Road, Royapettah, Chennai - 600 014.

ANITA SUMANTH J.

AND N.SENTHILKUMAR J.

sl AND OSA NO. 247 OF 2024,CMP NO. 29072 OF 2024,CMP NO.

12621 OF 2025,CMP NO. 13320 OF 2025,CMP NO. 13336 OF 2025,CMP NO.

13335 OF 2025,CMP NO. 29074 OF 2024,CMP NO. 12615 OF 2025,CMP NO.

12616 OF 2025,CMP NO. 12617 OF 2025 13-06-2025