Advocates:
['M/S S ASHOK KUMAR', '', 'BHARATT B JAIN', 'M/S S CONSCIOUS ILANGO', '', 'G M ANANTHA KUMAR', 'M/S A R NIXON', 'ANNIE CHERIYAN', 'M/S G SETHURAMAN', 'M/S A R NIXON', 'M/S S CONSIOUS ELANGO', 'G M ANANTHA KUMAR', 'C EMALIAS']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30 .01.2009

CORAM

THE HONOURABLE MR. JUSTICE M.VENUGOPAL

Tr.C.M.P.No.428 of 2008 and

M.P.Nos.1 and 2 of 2008

Mr.Byju Nizeth Paul

... Petitioner/1st Defendant/1st

Respondent in M.P.2/08

& Petitioner in M.P..No.1/08

vs.

1.A.Johnson,

for himself and on behalf of

all the Members of CSI Diocese

of Kanyakumari. ... 1st Respondent/Plaintiff

(Petitioner in M.P.No.2/08)

2.Church of South India Synod

No.5, Whites Road, Royapettah

Chennai-14

3.C.S.I. Diocese of Kanyakumar

rep. by its Secretary for himself

and on behalf of all Members of

Diocese, Nagercoil.

4.Executive Committee of Kanyakumari

Diocese, rep. by its Secretary

for himself and on behalf of

Members of Diocese, Nagercoil.

5.Bishop,

Kanyakumari Diocese,

Church of India.

... Respondents/Defendants 2 to 5

Transfer petition has been filed to withdraw the suit in

O.S.No.6657 of 2008 pending on the file of the VIII Assistant Judge,

City Civil Court, Chennai and transfer the same to any other

competent court in Kanyakumari District.

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For petitioner : Mr.V.T.Gopalan, Senior counsel

for Mr.S.Ashok Kumar.

For respondents: Mr.Venkatachalapathy, Senior counsel,

for Mr.S.Conscious Elango for R.1

Mr.A.R.Nixon for R.2 and R.5

Mr.Kalyanasundaram, for

Mr.G.Sethuraman, for R.3 & R.4

O R D E R

The petitioner / first defendant has filed this transfer petition

praying for issuance of an order by this Court to withdraw the suit

O.S.No.6657 of 2008 pending on the file of learned VIII Assistant

Judge, City Civil Court, Chennai, and to transfer the same to any

other competent Court in Kanyakumari District.

2. The case of the petitioner / first defendant is that the

cause of action in the plaint is against the fifth defendant and that

the cause of action has arisen at Nagercoil in Kanyakumari District

and that the plaintiff and all the defendants except the second

defendant are residing in Kanyakumari District and inasmuch as the

entire cause of action has arisen within the jurisdiction of

Kanyakumari District, the learned VIII Assistant Judge, City Civil

Court, Chennai has no territorial jurisdiction to entertain the suit

and therefore, prays for transferring the suit O.S.No.6657 of 2008

from the file of the learned VIII Assistant Judge, City Civil Court,

Chennai and to transfer the same to any other competent Court in

Kanyakumari District.

3. The stand of respondents 3 and 4 is that the fifth

respondent, the Bishop, who is the spiritual head of the Kanyakumari

Diocese and its administrative head left for Lambath Conference at

London between 08.07.2008 and 10.08.2008 and has remained absent

during the period in Kanyakumari Diocese and though he has appointed

the Vice President of Kanyakumari Diocese in his capacity as a

President of the Diocese as Commissary, it is invalid as the

appointment is not with the approval of the Executive Committee of

the Diocese as per Clause 14 Chapter V of the Constitution of the

Church of South India and as per C.S.I. Kanyakumari District Diocese

Constitution and the Vice President as per clause 62.5 of the C.S.I.

Constitution has powers to act for the President during his absence

and therefore, the Vice President and other officers convened a

Special Executive Committee meeting of the Diocese on 12.07.2008 to

accept his resignation of the post of Treasurer appointed in the

place of Treasurer Dr.Moses, who resigned to go abroad for his

personal affair and on his return, he asked to resign enabling the

Diocese to appoint him or any other person as Treasurer, since it has

been a stop gap arrangement, he has been re-appointed as Treasurer

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and the Executive Committ