D. Selvakumar v. The Church Of South India

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.A.No. 3609 of 2024 and C.M.P.Nos.28250, 28252 28253 & 28256 of 2024 1.D.Selvakumar 2.C.Rajendran ...Appellants Vs.

1.The Church of South Inida, Represented by Officers/ Committee of Administrators, CSI Synod Secretariat, CSI Centre, No.5, Whites Road, Royapettah, Chennai - 600 014. 2.The Church of South India Trust Association, Represented by Directors/ Committee of Administrators, CSI Synod Secretariat, CSI Centre, No.5, Whites Road, Royapettah, Chennai - 600 014.

...Respondents

Prayer : Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order of this Court in W.P.No.14407 of 2024 dated 21.08.2024. For Appellants : Mr.Vineet Subramani **** 1/5

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) Challenge is to the order of the writ Court dated 21.08.2024 made in W.P.No.14407 of 2024.

2. The Writ Petition was dismissed mainly on the ground that the issue relating to bifurcation or otherwise of a Diocese of the Church of South India cannot be made a subject matter of proceedings under Article 226 of the Constitution of India, particularly in the light of the judgment of the Full Bench of this Court, to which one of us (Mr. Justice R.Subramanian) was a party in Bright Joseph Vs. Church of South India reported in 2024 SCC Online Madras 286 (FB).

3. Mr.Vineet Subramani, learned counsel appearing for the appellants would contend that bifurcation runs counter to the order of the Hon'ble Supreme Court made in the Petition for Special Leave to Appeal Civil Nos.4187 - 4188 of 2022, wherein, the Hon'ble Supreme Court had directed status quo to be maintained with regard to composition and management of Pastorate Committee and Diocesan Council concerned, of CSI, Coimbatore Diocese.

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4. If there is infraction of the order of the Hon'ble Supreme Court, as rightly observed by the writ Court, it will be open to the appellants to approach the Hon'ble Supreme Court seeking appropriate orders.

5. Since this Court had held that the Writ Petition in these matters is not a proper remedy, leaving it open to the appellants to move appropriate civil Court, this Writ Appeal is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. (R.S.M., J.) (C.K., J.) dsa 10.12.2024 Index : No : No Speaking Order 3/5

To 1.The Officers/ Committee of Administrators, Church of South Inida, CSI Synod Secretariat, CSI Centre, No.5, Whites Road, Royapettah, Chennai - 600 014. 2.The Directors/ Committee of Administrators, Church of South India Trust Association, CSI Synod Secretariat, CSI Centre, No.5, Whites Road, Royapettah, Chennai - 600 014. 4/5

R.SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

dsa W.A.No. 3609 of 2024 10.12.2024 5/5