Jeyaratchakar C And Another v. Church Of South India And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL In CS SR NO. 205359 OF 2025

1. Jeyaratchakar C and another S/o.Chelladurai S, Diocese Council Member, Mannarayanthattu Pastorate, CSI Thoothukudi Nazareth Diocese, NO.15G, Toovipuram 1st Street, Thothukudi 628

003. and another

2. Rev.Jebakumar Jolly Jeremiah S/o.Jeremiah, Council Chairman, Bishop Robert Caldwell Church Council and Patorate Chairmen, Caldwell Colony, CSI Thoothukudi Nazareth Diocese, No.24A, Mission Kovil Street, Madathuvilai Arumagneri, Thoothukudi District 628 202.

Applicant(s) Vs

1. Church of South India and 2 others Represented by its General Secretary CSI Synod Secretariat CSI Centre No.5, Whites Road, Royapettah, Chennai 600 2.Moderator Commissary/Bishop Incharge, The CSI Thoothukudi, Nazareth Diocese, 100, Beach Road, Caldwell School 1/5

Campus, Thoothukudi 628 001.

3.The Administrator The CSI Thoothukudi, Nazareth Dioses, 100, Beach Road, Caldwell School Campus, Thoothukudi 628 001.

Respondent(s) CS SR No. 205359 of 2025

1. Jeyaratchakar Plaintiff(s) Vs

1. Church of South India Defendant(s) For Applicant(s):

M/S.Easter Legal A.M.Packianathan Easter T.Eveden Raisa Agathian J Pandian For Respondent:

ORDER

This application has been filed by the applicants / plaintiffs seeking to grant leave to sue the Moderator Commissary 2nd respondent / 2nd defendant herein and the Administrator the 3rd respondent / 3rd defendant since the office is outside the jurisdiction of this Court.

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2. According to the applicants, they filed a suit for the relief of declaration and for permanent injunction and mandatory injunction. The defendants 2 and 3 are residing outside the jurisdiction of this Court and already this Court passed judgement in OSA No.247 of 2024 dated 10.01.2025 stating that since this Court has now appointed a retired Judge of this Court as Administrator, there shall not be any suit or any proceedings before any subordinate court interfering with the smooth functioning of the Hon'ble Administrator as per this order. Therefore, they filed the suit before this Court and leave has to be granted.

3. The learned counsel for the Administrator objected that already this Court passed several orders and permitted the Hon'ble Administrator to continue the election process and only to stall the election process, this suit has been filed. There is no merit in the suit and therefore grant of leave is unnecessary one.

4. This Court heard both sides and perused the materials on record.

5. This application is only to grant leave to sue the defendants who are residing outside the jurisdiction of this Court. The Hon'ble Division Bench of this Court in OSA No.247 of 2024 order dated 10.01.2025 held that there shall not be any suit or the proceedings before any subordinate court interfering with the smooth 3/5

functioning of the Hon'ble Administrator. Therefore, filed this application.

6. Considering the above said reason stated in the affidavit and as per the order passed by this Court, the applicants approached this Court for grant of leave. The objection raised by the respondent is that there is no merits in the suit. Since this application is filed to grant leave to sue and merits of the case cannot be decided in this application. Considering the prayer sought for in the suit and facts and circumstances of the case, this Court is inclined to allow this application and therefore, leave is granted as prayed for.

Registry is directed to number the suit, if it is otherwise in order. 17.12.2025 mtl 4/5

P.DHANABAL, J.

mtl In CS SR NO. 205359 OF 2025 17.12.2025 5/5