BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 28.02.2025 CORAM THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN S.A.(MD)No.179 of 2018

1.The Territorial Commander, The Salvation Army, India South Eastern Territory, Territorial Head Quarters, High ground, Maharaja Nagar, Palayamkottai Post & Village & Taluk, Tirunelveli District.

2.The Divisional Commander, Salvation Army Divisional Head Quarters, Vettoornimadam & Post, Vadasery Village, Agasteeswaram Taluk, Kanykumari District.

3.The Corps Officer, Booth Tucker Memorial Church, Booth Tucker Hall, Vettoornimadam & Post, Vadasery Village, Agasteeswaram Taluk, Kanyakumari District.

4.Major John F.Kennedy

5.A.Edward

6.A.Gnana Raj Abel ... Appellants Vs V.Aseervatham ... Respondent PRAYER: Second Appeal has been filed under Section 100 of C.P.C., against the judgment and decree passed in A.S.No.18 of 2015 on the file of the II Additional Subordinate Court at Nagercoil, dated 18.09.2017 concurring with the judgment passed in O.S.No.381 of 2012 on the file of the Principal District Munsif at Nagercoil, dated 23.03.2015.

For Appellants : Mr.N.Mohamed Asif For Respondent : Mr.K.P.Narayana Kumar

JUDGMENT

The defendants in O.S.No. 381 of 2012 on the file of Principal District Munsif, Nagercoil, have filed this appeal challenging the judgment and decree passed in O.S.No.381 of 2012, dated 23.03.2015 by the learned Principal District Munsif, Nagercoill, confirmed in A.S.No.18 of 2015 by the II Additional Subordinate Court, at Nagercoil, dated 18.09.2017.

2.Brief averments of the plaint:

The respondent/plaintiff filed a suit seeking the relief of declaration that he is a member of the Booth Tucker Memorial Church, Vettoornimadam, in Kanyakumari District and also for a mandatory injunction directing the appellants/defendants to issue certificate that he is the member of the above said Church. According to the respondent/plaintiff, he is the member of the Church namely Booth Tucker Memorial Church, Vettoornimadam, at Nagercoil. So, the respondent/plaintiff applied for membership certificate. But, the third defendant stated that since the respondent/plaintiff is a member of the Ratchanya Senai Samuthaya Nala Amaippu, and refused to give membership certificate. In the plaint, it is specifically averred that the respondent/plaintiff is the member of Booth Tucker Memorial Church, Vettoornimadam, at Nagercoil and he is entitled to take part in all spiritual functions and he has right of burial in the cemetery. Hence, the respondent/Plaintiff filed a suit with the above said prayer.

3.Brief averments of the written statement of the appellants/defendants before the Court below:

The Appellants/defendants filed the written statement denying the right of the plaintiff/respondent to become a member of the appellants' Church and also he is not entitled to claim any mandatory injunction and the membership of the appellants' Church. According to the appellants/defendants, the respondent/plaintiff is the member of Ratchanya Senai Samuthaya Nala Amaippu and he is not entitled to become the member of the appellants' Church and also he specifically stated that he is entitled to religious worship in the appellants' Church but, he is not entitled to claim the right of the membership of the appellants' Church. The appellants/defendants further in the written statement contended that the respondent/plaintiff filed a suit with mala fide intention, to gain un- authorised entry into the appellants' Church and make troubles to the administration of the appellants' Church. Hence, they seek for dismissal of the suit.

4.On the basis of the pleadings, the learned trial Judge framed the following issues:

1.Whether the plaintiff is the member of Booth Tucker Memorial Church at Vettoornimadam?

2.Whether the plaintiff is entitled the relief of declaration as prayed for?

3.Whether the plaintiff is entitled the relief of mandatory injunction as prayed for?

4.To what other reliefs to the parties?

5.To prove the case, the respondent/plaintiff