Kerala High Court
The Comptroller vs The Deputy General Manager on 27 June, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Thursday, the 27th day of June 2024 / 6th Ashadha, 1946
WP(C) NO. 21568 OF 2024 (U)
PETITIONERS:
1. THE COMPTROLLER, DR. SOMERVELL MEMORIAL CSI MEDICAL COLLEGE &
HOSPITAL KARAKONAM, THIRUVANANTHAPURAM, PIN - 695504
2. THE PRINCIPAL, DR. SOMERVELL MEMORIAL CSI MEDICAL COLLEGE KARAKONAM,
THIRUVANANTHAPURAM, PIN - 695504
3. THE PRINCIPAL DR. SOMERVELL MEMORIAL CSI NURSING COLLEGE KARAKONAM,
THIRUVANANTHAPURAM, PIN - 695504
4. THE PRINCIPAL, DR. SOMERVELL MEMORIAL CSI NURSING SCHOOL KARAKONAM,
THIRUVANANTHAPURAM, PIN - 695504
5. THE PRINCIPAL, DR. SOMERVELL MEMORIAL CSI MEDICAL COLLEGE (PARA
MEDICAL) KARAKONAM, THIRUVANANTHAPURAM, PIN - 695504
6. THE MEDICAL SUPERINTENDENT DR. SOMERVELL MEMORIAL CSI MEDICAL
COLLEGE & HOSPITAL KARAKONAM, THIRUVANANTHAPURAM, PIN - 695504
RESPONDENTS:
1. THE DEPUTY GENERAL MANAGER CANARA BANK CIRCLE OFFICE CANARA BANK
BUILDING, THIRUVANANTHAPURAM, PIN - 695036
2. THE SENIOR MANAGER RECOVERY AND LEGAL SECTION, CANARA BANK SOUTH
REGIONAL OFFICE, IBRAHIM CO-BUILDING, II FLOOR, CHALAI
THIRUVANANTHAPURAM, PIN - 695036
3. THE BRANCH MANAGER CANARA BANK, KARAKONAM BRANCH THIRUVANANTHAPURAM,
PIN - 695504
4. ADDL.R4 RTD. JUSTICE R. SUBRAMANIAN, ADMINISTRATOR, CHURCH OF SOUTH
INDIA, CSI SYNOD SECRETARIAT, CSI CENTRE NO.5, WHITES ROAD,
ROYAPETTAH CHENNAI, 600014
5. ADDL.R5 RTD. JUSTICE.V.BHARATHIDASAN, ADMINISTRATOR, CHURCH OF SOUTH
INDIA, CSI SYNOD SECRETARIAT, CSI CENTRE NO.5, WHITES ROAD,
ROYAPETTAH CHENNAI, 600014. [ADDL.R4 & R5 ARE IMPLEADED AS PER ORDER
DATED 20.06.2024 IN I.A-1/2024 IN WP(C) 21568/2024]
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an Interim order directing the respondents to permit the
writ petitioners to operate their bank accounts maintained with Canara
Bank Karakonam Branch without any hindrance during the pendency of the
above writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI. S.SREEKUMAR (SENIOR) along with M/S.ARUN.B.VARGHESE & RAKHI RAJ,
Advocates for the petitioners, M/S.Mohan Jacob George, P.V.PARVATHY, REENA
THOMAS, NIGI GEORGE, ANANTHU V.LAL, HARISANKAR S., Advocates for R1 to R3,
the court passed the following:
T.R.RAVI.J
---------------------------------
WP(C) No.21568 of 2024
---------------------------------
Dated this the 27h day of June,2024
ORDER
The prayer in this writ petition is for a direction to the
respondents to permit the writ petitioners to operate their bank
accounts maintained with Canara Bank, Karakonam Branch
without any hindrance. The issue is an offshoot of the
disputes relating to the management of Churches of South
India. This Court had occasion to consider a related issue in
WP (C) No.21921 of 2024 which was disposed of by judgment
dated 21.06.2024. This Court specifically found that the
Bishop in charge appointed by the Administrators appointed
by the Division Bench of the Madras High Court cannot
remain in charge owing to the orders issued by the Hon'ble
Supreme Court and the communication of the Administrators
themselves whereby they had directed the committee of
Administrators appointed to the Diocese to ensure that they
desist with immediate effect from discharging any duties
assigned to their post.
In the above circumstances, the respondents 1 to 3 are
not bound by the directions issued by the Administrators and
they may permit the petitioners to operate the account since
there is no restriction with regard to the same in any other
judicial orders.
Sd/-
T.R.RAVI
JUDGE
H/o
STB
27-06-2024 /True Copy/ Assistant Registrar
