“Tamil Nadu: In a landmark ruling, Madras HC allows writs against church of South India for public functions”, Organiser, March 3, 2024:
“In a significant legal development, the Madras High Court, through a full bench comprising Judges R Subramaanian, PT Asha, and N Senthilkumar, has clarified the writ jurisdiction over the Church of South India (CSI). While affirming the CSI’s status as a private religious entity, the court emphasised that public functions, such as the operation of schools and hospitals, are subject to writ jurisdiction.
The court’s ruling stems from conflicting opinions on the matter, with various single and division benches offering divergent perspectives. On April 13, 2014, a single judge approved the application of Article 226 against the CSI, but another division bench on May 30, 2017, contended that the diocese, as a private entity without public duties, cannot be directed under Article 226.
Subsequently, in 2019, a single judge held that the CSI, running several institutions and hospitals, does discharge public functions, making disputes amenable to writ jurisdiction. However, matters related to internal elections and committee constitutions were deemed outside the purview of writ jurisdiction, a stance upheld by another division bench on February 25, 2020…..”
Read the full article at Organiser.org
