WP(MD)Nos.12111 and 12295 of 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 09.07.2021

DEVLIERED ON : 07.09.2021

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN

WP(MD)Nos.12111 and 12295 of 2020

and

WMP(MD)Nos.10425, 10542, 14483 and 15740 of 2020

G.John Kennady

... Petitioner in WP(MD).No.12111 of 2020

G.Selvan

... Petitioner in WP(MD).No.12295 of 2020

Vs.

1. The Most Rev. Moderator,

Church of South India,

5, Whites Road,

Royapettah, Chennai – 14.

2. The Tirunelveli CSI Diocese,

Rep.by its Bishop,

176B, Trivandrum Road,

Tirunelveli,

Tirunelveli District.

3. The Tirunelveli Diocese Trust Association,

Old No.18, New No.19,

North – High Ground Road,

Palayamkottai,

Tirunelveli – 627 002.

4. The Registrar of Companies,

Ministry of Corporate Affairs,

Block No.6, 'B' Wing,

Second Floor, Shastri Bhavan,

D.No.26, Haddows Road,

Chennai – 600 006.

... Respondents

in WP(MD)No.12111 of 2020

1. The Most Rev. Moderator,

Church of South India,

5, Whites Road,

Royapettah, Chennai – 14.

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WP(MD)Nos.12111 and 12295 of 2020

2. The Tirunelveli CSI Diocese,

Rep.by its Bishop,

Tirunelveli CSI Diocese,

No.5, Punithavathiar Street,

Palayamkottai, Tirunelveli,

Tirunelveli District.

3. The Moderator's Commissary,

Tirunelveli CSI Diocese,

No.5, Punithavathiar Street,

Palayamkottai, Tirunelveli

Tirunelveli District.

4. The Hon'ble Administrators,

appointed by the Madurai Bench of Madras High Court

Tirunelveli CSI Diocese,

No.1680/8, North High Ground Road,

St. John's College Hostel Campus,

Palayamkottai, Tirunelveli – 627 002.

5. The Tirunelveli Diocesan Trust Association,

Old No.18, New No.19,

North – High Ground Road,

Palayamkottai,

Tirunelveli – 627 002.

6. The Registrar of Companies,

Ministry of Corporate Affairs,

Block No.6, 'B' Wing,

Second Floor, Shastri Bhavan,

D.No.26, Haddows Road,

Chennai – 600 006.

... Respondents in WP(MD)No.12295

of 2020

Common Prayer: Writ Petitions filed under Article 226 of the

Constitution of India praying for issuance of a writ of Declaration

declaring the communication of the 1^st respondent dated 08.09.2020

fixing sangam in CSI Diocese at the amount of not less than Rs.300/-

for the purpose of election to the committee and councils as null

and void.

WP(MD).No.12111 of 2020

For Petitioner

: Mr.S.C.Herold Singh

For R3

: Mr.Veera Kathiravan, Sr.C.

For R4

: Mr.S.Jeyasingh

WP(MD).No.12295 of 2020

For Petitioner

: Mr.N.Dilip Kumar

For R3

: Mr.Veera Kathiravan, Sr.C.

For R4

: Mr.Thangasivan

For R6

: Mr.S.Jeyasingh

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WP(MD)Nos.12111 and 12295 of 2020

COMMON ORDER

Heard all the parties and perused the materials placed before

this court.

2.The relief sought in these writ petitions is to issue a

declaration, declaring the communication dated 08.09.2020 issued by

the first respondent, thereby fixing Sangam amount at not less than

Rs.300/- for the purpose of election to the Committee and Councils,

as null and void.

3.According to the petitioners in both the writ petitions, the

Tirunelveli Diocese, a century years old, is maintaining totally 749

churches. There are 130 Pastorates grouped in six church councils in

the Districts of Tirunelveli and Tenkasi. The affairs of the Diocese

and administration are managed and controlled by the elected office

bearers. The executive committee of the Diocese is the General Body

of TDTA, a registered company under the Indian Companies Act. Hence,

the elected office bearers and members of the Diocese Executive

Committee exercise administrative control over the Educational

institutions as well as hospitals and properties of the diocese etc.

The petitioners further averred that the election for the Diocese

would be conducted once in 4