Madras High Court
The Bishop Rt. Rev. Dr.J. George Stephen vs The Most Rev. A. Dharmaraj Rasalam on 24 November, 2023
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
C.S.NO.196 OF 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2023
CORAM
THE HON`BLE MR.JUSTICE N.SATHISH KUMAR
C.S.NO.196 OF 2021
AND APPLICATION NO.112 OF 2023
1.The Bishop Rt. Rev. Dr.J. George Stephen
S/o. Jeyaraj
Bishop in Madras
Church of South India
No.226, Cathedral Road,
Chennai – 600 086.
2.The Diocese of Madras
Represented by its Secretary
Rev. Dr.Manuel S. Titus
S/o. Rev. Manual Swaminathan
Church of South India
No.226, Cathedral Road,
Chennai – 600 086. .. Plaintiffs
VS.
1.The Most Rev. A. Dharmaraj Rasalam
The Moderator
Church of South India
Synod Secretariat
CSI Centre, No.5, Whites Road,
P.O.Box No.688, Royapettah, Chennai – 14.
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C.S.NO.196 OF 2021
2.The Church of South India
Represented by its General Secretary
CSI Centre, No.5, Whites Road,
P.O.Box No.688, Royapettah, Chennai – 14.
3.Rev. Dr.Pearly Usha Walter
4.D.Bright Joseph
5.Santhi
6.V.Sampath Kumar
7.B.Rufus Jayaraj
8.S.Nevil Raj
9.K.Viswanadhan
10.S.Britto Santharaj
11.D.Jeyakumar
12.G.Abiraham
13.A.Selvaraj
14.J.Freedy Baskaran
15.Rev. W.S.J.Richardson
16.Rev. D.Paul Jesudoss
17.Rev. L.Gideon Dhinakaran
18.P.J.Nishkalavani
19.Ruban Doss
(Defendants 3 to 19 impleaded vide common
order dated 25.08.2021 in A.Nos.2306, 2309,
2366, 2367, 2368, 2369, 2370, 2371, 2193,
2194, 2365, 2357, 2358, 2359, 2360, 2356,
and 2355 of 2021 in C.S.No.196 of 2021) .. Defendants
PRAYER: Civil Suit filed under Order IV Rule 1 of High Court Original
Side Rules 1956 read with Order VII Rule 1 of Civil Procedure Code for the
following reliefs :
(a) To declare that the action of the defendants under letter dated
29.05.2021 appointing a Commission to inquire into the complaints regarding
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C.S.NO.196 OF 2021
the conduct of the Diocesan Council Meeting and the elections of CSI Diocese
of Madras held on 13th and 14th April 2021 or any further action by the
defendants in any other manner in interfering with the internal affairs of the
plaintiff Diocese which is contrary to law, to the provisions of the
Constitution of Church of South India of the (Synod) as well as the
Constitution of the Church of South India Madras Diocese as illegal and void;
(b) To grant permanent injunction, restraining the defendants
their nominees, appointees, representatives, assignees, administrators,
executors and agents from interfering with the internal affairs and
administration, including the conduct and business of the Madras Diocesan
Council of the plaintiffs, the election disputes with respect to the various
Committees of the plaintiffs Diocese, as well as the ministerial stationing
transfers, in any manner contrary to the Law and to the provisions of the
Constitution of Church of South India of the Synod as well as the
Constitution of Church of South India of Madras Diocese;
(c) For costs of the Suit.
For Plaintiffs : Mr.V.P.Raman
For Defendants 1& 2 : Mr.Adrian D.Rozario
For Defendant 3 : Mrs.S.Deepika
For Defendant 4 : Mr.R.Annamalai
For Defendants 7, 9,10&12: Mr.V.Kataria
JUDGMENT
When the matter is taken up for hearing, the second plaintiff is
present and seeks permission of this Court to withdraw the Suit and he has
also made an endorsement to that effect in the Court bundle.
As far as the first plaintiff is concerned, his term has already
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C.S.NO.196 OF 2021
been over and the Suit itself is for taking action on the letter dated 29.05.2021
and the meetings held on 13.04.2023. Now, much water has been flown and
elections are now under process.
In such view of the matter, the subject matter of the Suit has
become infructuous and therefore, the Suit is dismissed as nothing survives
for further adjudication. However, it is made clear that if the first plaintiff
succeeds in the appeals filed in O.S.A.Nos.189 and 191 of 2023, liberty is
granted to him to restore the Suit. No costs. Consequently, connected
application is closed.
24.11.2023
Index : Yes/No
Neutral Citation: Yes/No
Speaking / Non-speaking order
TK
LIST OF WITNESSES EXAMINED ON THE SIDE OF THE PLAINTIFFS – NIL
LIST OF WITNESSES EXAMINED ON THE SIDE OF THE DEFENDANTS – NIL
24.11.2023
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C.S.NO.196 OF 2021
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C.S.NO.196 OF 2021
N.SATHISH KUMAR, J.
TK
C.S.NO.196 OF 2021
24.11.2023
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