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2003 Supreme(Mad) 731

R.JAYASIMHA BABU, N.V.BALASUBRAMANIAN
C. S. Robert & Another – Appellant
Versus
M. Kanagappan & Others – Respondent


Advocates Appeared:For the Petitioner:Mr.T.R.Mani, Sr.counsel for Mr.K.Srinivasan. For the Respondents: Mr.P.Peppin Fernando for R1 to R4 Mr.D.Saravanan for R5 to R9.

Judgment :-

N.V.BALASUBRAMANIAN, J.

The question regarding administration of a church, to be precise, a Catholic Church, by name, St.Mary Magdalin Church situate in a village called, Vakkampatti in Dindigul taluk is the subject matter of the appeal. There is no dispute regarding the exercise of spiritual power of the church by Papacy through its local representatives, the Episcopate and the local Parish Priest as the plaintiffs have conceded that the spiritual power should be exercised by the Parish Priest of the Church. The question is only with reference to the temporal or administrative power over the Church and the exercise of the said administrative power.

2. The plaintiffs, who are the appellants in the Letters Patent Appeal, have instituted the suit for declaration that the suit Church and the suit properties belong to the entire Catholic public of Vakkampatti village with consequential injunction restraining the defendants 2 to 4 from interfering with the management and administration of the suit Church and its properties by the plaintiffs as trustees and for removal of the first defendant from trusteeship and for directing the first defendant to deliver the management of th




























































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