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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated: 30/01/2023

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN

Crl.RC(MD)No.1026 of 2022

Christopher Jeyakumar : Petitioner

Vs.

1.II Class Executive Magistrate/Tashidar

Sathankulam,

Thoothukudi District.

2.State through the Inspector of Police,

Thattarmadam Police Station,

Thoothukudi District.

3.The Church of India (CIPBC)

(Body incorporated under Indian Church Act, 1927

Represented by its Metropolitan

Christ Church,

Mahatma Gandhi Marg,

Lucknow-226 001.

4.Church of South India

Represented by its Moderator

No.5, Whites Road,

Royapettah,

Chennai-14.

5.Mr.S.Davidson Devasirvatham IPS,

ADGP-IS,

Mylapore,

Chennai-4.

6.Mr.Sundar

7.CSI Thoothukudi Nazareth Diocese,

rep. By its Treasurer,

D.Mohan Raj Arumainayagam, : Respondents

(R7 is impleaded as per the order

of this court, dated 24/11/2022

in Crl.MP(MD)No.14195 of 2022 in

Crl.RC(MD)No.1026 of 2022)

https://www.mhc.tn.gov.in/judis

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Prayer: Criminal Revision is filed under Section

397 r/w 401 of the Criminal Procedure Code, to call for

records relating to the order passed by the 1^st respondent

in his proceedings in Na.Ka.A6/631/2002, dated 23/08/2022

and set aside the same as illegal and to pass any other

order or orders.

For Petitioner : Mr.T.A.Ebenezer

For R1 and R2 : Mr.T.Senthilkumar

Additional Public Prosecutor

For 3^rd respondent : Un-served

For 4^th Respondent : No appearance

For 5^th Respondent : Mr.C.Arulvadivel @ Sekar

for Mr.K.Dinesh

O R D E R

This criminal revision has been filed seeking to

set aside the order passed by the 1^st respondent in his

proceedings in Na.Ka.A6/631/2002, dated 23/08/2022.

2.The facts in brief:- Originally, the Churches

were established by the English people in India through

Church of England. In the above said process, three

Associations namely Church Missionary Society (CMS),

Society for Propagation of Gospel (SPG), London Missionary

Society (LMS) by Act of the Parliament of Britain namely

Indian Church Act, 1927 was enacted. The 3^rd respondent

Church was incorporated in the above said Special Act.

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3.After the independence, the above said Church

became called as Church of India, Pakistan and Burma and

Ceylon in short 'CIPBC'. But some Associations defected and

formed a new Association called 'Church of South

India' (CSI), on 27/09/1947 only for the purpose of

worship. During that time, ex-communicated themselves from

the membership of Church of India (CIPBC). But the

properties, which belong to Church of India never

transferred to the Church of South India. Though the above

said properties vested as per the Indian Church Act, 1927,

the transfer of the properties cannot be made.

4.The petitioner is a native of Mudalur and a

member of St.Michael and All Angles Church, Mudalur. In

violation of the Special provisions, the 4^th respondent

introduced Thuthi Arathanai in violation of the places of

Worship (Special Provisions) Act, 1991.

5.Now the properties, which belongs to the above

said CIPBC has been grabbed by the 4^th respondent herein and

also in violation of sections 3 and 6 of the Places of

Worship Act, 1961. So the formation of CSI itself is

illegal. The property situated in Survey No.330/3 measuring

about 87 cents and in Survey No.4/2 measuring about 35

cents was possessed by his father with the permission of

the CIPBC for the purpose of running the children home or

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for any other activities for the benefit of the members

keeping the traditions and orthodoxy of the Anglican faith.

From the year 1997 onwards, the petitioner is running the

children's