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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-01-2025

CORAM

THE HONOURABLE MR JUSTICE S. S. SUNDAR AND THE HONOURABLE MR.JUSTICE P. DHANABAL OSA NO. 247 of 2024 D.Neegar Prince Giftson Lay-Secretary. The CSI Thoothukudi - Nazareth Diocese, 100, Beach Road, Caldwell School Campus, Thoothukudi - 628 001 and another Appellant(s) Vs Rev. Dr. A.R.Chelliah Bishop-in-Charge, The CSI Thoothukudi - Nazareth Diocese, 100, Beach Road, Caldwell School Campus, Thoothukudi - 628 001 and 2 Others Respondent(s) For Appellant(s): Mr.A.K.Srinivasan, Senior Counsel For A.M.Packianathan Easter For Respondent(s): Mr.V.Raghavachari, Senior Counsel For Mr. J.Kingsly Solomon

JUDGMENT

(Order of the Court was made by the Hon'ble S.S.Sundar J.) Today, this matter is listed under the caption 'For Clarification' at the instance of the learned counsels appearing for the parties concerned.

2. Earlier, this Court by order dated 18.12.2024 appointed Justice N.Paul Vasanthakumar, Retired Chief Justice of Jammu and Kashmir High Court as interim administrator for administering the dayto-day affairs of the CSI Thoothukudi Nazareth Diocese and to hold election which is due for the Diocese.

3. In view some personal difficulties expressed by the learned judge, status quo continues. Therefore by consent, the Hon'ble Mr.Justice P.Jothimani, retired judge of this Court, is appointed as interim administrator to administer the day-to-day affairs and to hold election, which is due for the CSI Thoothukudi Nazareth Diocese. Therefore, the previous order of this Court dated 18.12.2024 shall now be read with necessary modifications in view of the change of interim administrator by this order.

4. There is some confusion regarding the person who should serve as Bishop for all the religious affairs of the diocese. It is admitted that Rev. Dr. A. R. Chelliah, who was earlier appointed as Bishop-in-

Charge, by Hon'ble Administrators continues in that position. However, a rival claim was made by the learned senior counsel for the appellant, stating that Rt. Rev. Timothy Ravinder, who previously held the post of Bishop in Kanniyakumari, was appointed as Bishop by the Synod.

5. Since the Hon'ble Administrators had earlier appointed Rev. Dr. A. R. Chelliah as Bishop, this Court, based on the admitted facts, finds it appropriate that Rev. Dr. A. R. Chelliah should serve as the Bishop-in-Charge to head and handle all religious affairs of the diocese. However, the Hon'ble Administrator in the event of any allegations against the Bishop may apply before this Court for replacing the Bishop if it is necessary for the smooth functioning and fair election.

6. Since this Court has now appointed a retired Judge of this Court as administrator, there shall not be any suit or the proceedings before any subordinate Court interfering with the smooth functioning of the Hon'ble Administrator as per this order.

8. The CS Thoothukudi Nazareth Diocese is directed to pay a sum of Rs.2,00,000/- [Rupees Two Lakhs only] to the Hon'ble

Administrator from the date of assuming charge. All other expenses including travelling, boarding and lodging and incidental expenses, shall be reimbursed to the Hon'ble Administrator promptly.

9. In view of the above modifications and clarifications, the registry is directed to issue a fresh order copy to the parties concerned. (S.S.S.R., J.) (P.D.B., J.) 10.01.2025 ak

S.S. SUNDAR, J.

and P.DHANABAL, J.

ak OSA.No. 247 of 2024 10.01.2025