Kerala High Court
St.John'S Jacobite Syrian Church vs P.S. Mathai on 1 April, 2014
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY,THE 25TH DAY OF APRIL 2014/5TH VAISAKHA, 1936
OP(C).No. 1101 of 2014 (O)
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I.A.NO.1666 OF 2014 IN O.S.NO.10 OF 2011 OF 1ST ADDITIONAL DISTRICT COURT,
ERNAKULAM
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PETITIONERS:
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1. ST.JOHN'S JACOBITE SYRIAN CHURCH,
NJARAKADU, KADAVOOR VILLAGE,
KOTHAMANGALAM TALUK, REP. BY ITS VICAR FR.JOSE VETTIKUZHI.
2. FR. JOSE VETTIKUZHI, AGED 43 YEARS,
S/O.KORA ABRAHAM, VICAR
ST.JOHN'S JACOBITE SYRIAN CHURCH, NJARAKADU,
KADAVOOR VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DIST.
3. P.O. VARGHESE,
S/O.OUSEPH, PAMBAKKOLIL HOUSE, TRUSTEE,
ST.JOHN'S JACOBITE SYRIAN CHURCH, NJARAKAD,
KADAVOOR VILLAGE, KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT.
4. N.A. ALIAS, S/O.AVATHA,
NEDIYALIMOLEYIL HOUSE, TRUSTEE,
ST.JOHN'S JACOBITE SYRIAN CHURCH, NJARAKAD,
KADAVOOR VILLAGE, KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT.
5. JOY JOSEPH, S/O.JOSEPH,
PLATHOTTATHIL HOUSE,
MANAGING COMMITTEE MEMBER, ST.JOHN'S JACOBITE SYRIAN CHURCH,
NJARAKAD, KADAVOOR VILLAGE, KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT.
BY ADVS.SRI.P.MARTIN JOSE
SRI.P.PRIJITH
RESPONDENTS:
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1. P.S. MATHAI,
S/O.LATE SKARIA, PURAPPANATTU HOUSE, NJARAKKADU KARA,
KADAVOOR VILLAGE, KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT, PIN - 686 671.
Msd. ..2/-
..2..
OP(C).No. 1101 of 2014 (O)
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2. SUNNY T.CHACKO,
S/O.CHACKO, THAYIKKATTU HOUSE, NJARAKKADU KARA,
KADAVOOR VILLAGE, KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT, PIN - 686 671.
3. GEORGE ABRAHAM, S/O.ABRAHAM,
KALLIDUMBIL HOUSE, NJARAKKADU KARA, KADAVOOR VILLAGE,
KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN - 686 671.
4. BINOY VARKEY, S/O.VARKICHAN,
MANTHIKUDIYIL HOUSE, NJARAKKADU KARA, KADAVOOR VILLAGE,
KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN - 686 671.
5. K.M.KURIAKOSE, S/O.MATHEW,
MANAGING COMMITTEE MEMBER,
ST.JOHN'S JACOBITE SYRIAN CHURCH, NJARAKKADU,
KADAVOOR VILLAGE, KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT, PIN - 686 671.
6. N.A. JAMES, S/O.ABRAHAM,
NEDIYALIMOLEYIL HOUSE, MANAGING COMMITTEE MEMBER,
ST.JOHN'S JACOBITE SYRIAN CHURCH, NJARAKKADU,
KADAVOOR VILLAGE, KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT, PIN - 686 671.
7. PAUL C.VARGHESE, S/O.VARKEY,
CHAMBAKASSERIL HOUSE, MANAGING COMMITTEE MEMBER,
ST.JOHN'S JACOBITE SYRIAN CHURCH, NJARAKKADU,
KADAVOOR VILLAGE, KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT, PIN - 686 671.
8. M.M.VARKICHAN, S/O.MATHAI,
MANTHIKUDIYIL HOUSE, MANAGING COMMITTEE MEMBER,
ST.JOHN'S JACOBITE SYRIAN CHURCH, NJARAKKADU,
KADAVOOR VILLAGE, KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT, PIN - 686 671.
9. T.C. SKARIA, S/.CHACKO,
MANAGING COMMITTEE MEMBER,
ST.JOHN'S JACOBITE SYRIAN CHURCH, NJARAKKADU,
KADAVOOR VILLAGE, KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT, PIN - 686 671.
10. K.K. BABU, S/O.KURIAKOSE,
MANAGING COMMITTEE MEMBER,
ST.JOHN'S JACOBITE SYRIAN CHURCH, NJARAKKADU KARA,
KADAVOOR VILLAGE,KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT, PIN-686 671.
11. K.T. ELDHOSE @ RAJU, S/O.THOMAS,
MANAGING COMMITTEE MEMBER,
ST.JOHN'S JACOBITE SYRIAN CHURCH, NJARAKAD,
KADAVOOR VILLAGE, KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT, PIN - 686 671.
Msd. ..3/-
..3..
OP(C).No. 1101 of 2014 (O)
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12. VARGHESE KURIAN, S/O.KURIAN,
MADAPPARAMBIL HOUSE, MANAGING COMMITTEE MEMBER,
ST.JOHN'S JACOBITE SYRIAN CHURCH, NJARAKAD,
KADAVOOR VILLAGE, KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT, PIN-686 671.
R2, R3 & R4 BY ADV. SRI.K.J.KURIACHAN
R5, R8,R9 & R10 BY ADV. SRI.SUNIL JACOB
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION
ON 25-04-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Msd.
OP(C).No. 1101 of 2014 (O)
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APPENDIX
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PETITIONER(S)' EXHIBITS
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EXHIBIT P1: TRUE COPY OF PLAINT IN O.S.NO.10 OF 2011 FILED BEFORE THE
DISTRICT COURT, ERNAKULAM.
EXHIBIT P2: TRUE COPY OF WRITTEN STATEMENT FILED BY THE DEFENDANTS
1 TO 4,6 AND 9 IN O.S.NO.10 OF 2011 BEFORE THE DISTRICT COURT,
ERNAKULAM.
EXHIBIT P3: TRUE COPY OF I.A.NO.1441 OF 2014 IN O.S.NO.10 OF 2011 FILED BY
THE RESPONDENTS 1 TO 4/PLAINTIFFS BEFORE THE DISTRICT
COURT, ERNAKULAM.
EXHIBIT P4: TRUE COPY OF INTERIM ORDER DATED 01-04-2014 IN
I.A.NO.1441 OF 2014 IN O.S. NO.10 OF 2011 OF 1ST ADDITIONAL
DISTRICT COURT, ERNAKULAM.
EXHIBIT P5: TRUE COPY OF I.A.NO.1666/2014 IN O.S.NO.10/2011 FILED BY THE
RESPONDENTS 1 TO 4 BEFRORE THE DISTRICT COURT, ERNAKULAM.
EXHIBIT P6: TRUE COPY OF OBJECTION TO EXHIBIT P5 FILED BY THE
PETITIONERS BEFORE THE DISTRICT COURT, ERNAKULAM.
EXHIBIT P7: TRUE COPY OF F.I.R IN CRIME NO.51/2014 OF POTHANIKADU POLICE
STATION DATED 16-01-2014.
EXHIBIT P8: TRUE COPY OF ORDER IN I.A. NO.1443/2011 IN O.S.NO.196/2011
DATED 18-10-2011 OF SUB COURT, MUVATTUPUZHA.
EXHIBIT P9: TRUE COPY OF ORDER IN I.A. NO.1666/2014 IN O.S.NO.10/2011
DATED 09-04-2014 OF 1ST ADDL. DISTRICT COURT, ERNAKULAM.
RESPONDENT(S)' EXHIBITS:
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EXHIBIT R2(A): THE LIST OF DOCUMENTS DATED 07.04.2014 FILED BY THE
PETITIONERS BEFORE THE 1ST ADDITIONAL DISTRICT COURT,
ERNAKULAM IN I.A.NO.1666/2014 IN O.S.NO.10/2011.
EXHIBIT R2(B): THE TRUE COPY OF I.A.NO.4000/2013 BEFORE THE 1ST
ADDITIONAL DISTRICT COURT, ERNAKULAM IN O.S.NO.18/2010.
EXHIBIT R2(C): THE TRUE COPY OF I.A.NO.4502/2013 BEFORE THE 1ST
ADDITIONAL DISTRICT COURT, ERNAKULAM IN O.S.NO.18/2010.
EXHIBIT R2(D): THE TRUE COPY OF I.A.NO.303/2014 BEFORE THE 1ST
ADDITIONAL DISTRICT COURT, ERNAKULAM IN O.S.NO.18/2010.
//TRUE COPY//
P.A.TO JUDGE.
Msd.
A.M.SHAFFIQUE, J
* * * * * * * * * * * * *
O.P.(Civil) No.1101 of 2014
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Dated this the 25th day of April 2014
O R D E R
Petitioners have challenged Ext.P9 order dated 09/04/2014 in I.A.No.1666/2014 in O.S.No.10/2011.
2. By the impugned order, the court below had permitted the plaintiffs, who are the respondents herein, to conduct holy mass in the first defendant church in connection with the 30th and 40th day of death of the first petitioner's father between 7 a.m and 9 a.m on 27/04/2014 and on 07/05/2014. The defendants in the suit have filed this original petition impugning the aforesaid order, inter alia contending that they alone are entitled to conduct the mass in the church and therefore the learned Judge had committed serious error of law in permitting the mass to be conducted by the family members of the first petitioner.
3. Having regard to the factual situation involved in the matter, I do not think that the directions issued by the O.P.(C) No.1101/2014 2 court below will, in any way, affect the interest of the petitioners herein. It is only an interim arrangement by which the 1st plaintiff is permitted to conduct the mass through the service of certain other priests during the 30th and 40th day of the death of the first plaintiff's father.
4. I issued notice to the respondents herein who are the plaintiffs in the suit. They have appeared through counsel.
5. During the course of hearing, the main apprehension expressed by the learned senior counsel for the petitioners is with reference to the mass to be conducted on 27/04/2014. According to the learned senior counsel, the regular Sunday mass on that day is conducted between 7.30 a.m to 10.30 a.m and therefore if the respondents are also permitted to conduct mass on that day at the same time, it will result in serious hardship and unnecessary controversy in the Church premises.
6. Learned counsel for the respondents would submit that they do not intend to interfere with the Sunday mass to O.P.(C) No.1101/2014 3 be conducted by the petitioners' faction, but, according to them, they should have the facility to conduct the holy mass on 27/04/2014. The learned counsel for the respondents would, however, agree that they will conduct the mass on 27/04/2014 after the mass being conducted by the petitioners' faction at 10.30 a.m on 27/04/2014. In the above circumstances, I am of the view that Ext.P9 order can be modified to the following extent.
7. That the respondents are permitted to conduct the holy mass on 27/04/2014 between 10.30 a.m and 12.30 p.m. To the above extent alone, Ext.P9 order shall stand modified.
8. This Original Petition is disposed as above.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr O.P.(C) No.1101/2014 4