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Madras High CourtCONT P/2878/2023closed

Rt.Rev.Dr.S.E.C.Devasahayam Bishop v. The Church Of South India

2024-02-09Honourable Mr Justice R. Mahadevan,Honourable Mr Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2024 CORAM :

THE HON'BLE MR. JUSTICE R. MAHADEVAN AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ Contempt Petition No.2878 of 2023 & Sub Application (OS)Nos.867 of 2023 & 108 of 2024 Rt.Rev.Dr.S.E.C.Devasahayam, Bishop, CSI Thoothukudi Nazareth Diocese, Caldwell School Campus, 100, Beach Road, Thoothukudi - 628 001.

...

Petitioner Vs.

1.Church of South India, Represented by its Moderator, 2.Most Rev.A.Dharmaraj Rasalam, Moderator, The Church of South India, 3.Rt.Rev.Dr.K.Reuben Mark, Deputy Moderator, Bishop in Karimnagar, 4.Rt.Rev.Dr.D.Chandrasekaran, Bishop in Trichy - Tanjore, Member, Court of Synod, 5.Rt.Rev.V.S.Francis, Member, Court of Synod, Bishop in East Kerala, 6.Rt.Rev.Dr.Oommen George, Page 1/5

Member, Court of Synod, Bishop in Kollam - Kottarakara 7.Rt.Rev.Dr.Royce Manoj, Member, Court of Synod, Bishop in Malabar, 8.Rev.A.David Jebaraj, Pastor, Member, Court of Synod, 9.Rev.Samuel Calvin, Pastor, Member, Court of Synod 10.Mrs.G.Sumalatha, Lay Person, Member, Court of Synod.

11.Mr.Vinod Asan, Lay Person, Member, Court of Synod, 12.Mr.C.Fernandas Rathinas Raja, General Secretary, 13.Rt.Rev.Dr.M.Joseph, Bishop in Madurai - Ramnad, Respondents 1 to 13 are having their respective office at Church of South India, CSI Centre, No.2, Whites Road, Royapettah, Chennai - 600 014.

...

Respondents Prayer: Petition filed under Section 11 of the Contempts of Court Act, 1971, to punish the respondent for willful disobedience of the order made in O.S.A.No.101 of 2023, dated 05.09.2023.

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For Petitioner : Mr.V.Ragavachari Senior Counsel For M/s.Kingsly Solomon For Respondents : Mr.V.Prakash Senior Counsel For Mr.Adrian D.Rozario

ORDER

(Order of the Court was made by R. MAHADEVAN, J.) For the alleged disobedience of the order of this court dated 05.09.2023, passed in O.S.A.No.101 of 2023, the present contempt petition came to be filed by the petitioner.

2. When this Contempt Petition was taken up for hearing, the learned senior counsel appearing for the petitioner as well as the learned senior counsel appearing for the respondents submitted that the order passed by this Court dated 05.09.2023 in O.S.A.No.101 of 2023 has been complied with. In support of the same, a judgment of CSI Synod Centre, dated 08.02.2024 has been produced, wherein, it is inter alia held as follows:

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" Conclusion

10. In the circumstances, the Court of Synod concludes and proposes, against the Rt.Rev.Dr.S.E.C.Devasahayam, Bishop of the CSI Thoothukudi-Nazareth Diocese (Under suspension), the punishment of removal from office in Clause (k) under Sentences of the Bye-laws to Chapter XI of the CSI Constitution.

11. Further, consequent upon the Bishop being found guilty, the Bishops of the Court of the Synod shall pass the proposed sentence or such other appropriate sentence upon him in accordance with the CSI Constitution, as may be deemed appropriate by the Bishops."

3. Recording the above submission made by the learned senior counsel on either side, this Contempt Petition is closed. Consequently, connected miscellaneous petitions are closed.

[R.M.D,J.] [M.S.Q, J.] 09.02.2024 r n s Index: Yes / No.

Speaking order/ Non-speaking order Page 4/5

R. MAHADEVAN, J.

and MOHAMMED SHAFFIQ, J.

r n s Contempt Petition No.2878 of 2023 & Sub Application (OS)Nos.867 of 2023 & 108 of 2024 09.02.2024 Page 5/5