Kerala High Court
Loid Jude Manakkat vs Pastor Council Of St. Augustine'S ... on 12 April, 2016
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 29TH DAY OF APRIL 2016/9TH VAISAKHA, 1938
OP(C).No. 1191 of 2016 (O)
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AGAINST THE JUDGMENT IN OS 669/2013 of PRL.MUNSIFF COURT, CHERTHALA
DATED 12-04-2016
PETITIONER:
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LOID JUDE MANAKKAT,
AGED 49 YEARS,
S/O.LAWRANCE,
MANAKKAT HOUSE, AROOR P.O.,
CHERTHALA, ALAPPUZHA - 688 534.
BY ADVS.SRI.S.SREEKUMAR (SR.)
SRI.P.MARTIN JOSE
RESPONDENTS:
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1. PASTOR COUNCIL OF ST. AUGUSTINE'S CHURCH, AROOR,
REPRESENTED BY ITS SECRETARY,
CHARLS P.M., S/O. MICHEL, AGED 58 YEARS,
HOUSE NO.15/443, PALLIPARAMBIL HOUSE,
AROOR - 688 534.
2. REV. FR. JOSEPH VADAKKEEVEETIL,
PARISH PRIEST, ST. AUGUSTINE'S CHURCH,
AROOR - 688 534
3. LAWRENCE, AGED 69 YEARS, S/O.AVIRAH
TRUSTEE, ST.AUGUSTINE'S CHURCH, AROOR - 688 534
HOUSE NO.13/285, EDAZATHU HOUSE,
KELTRON ROAD, AROOR - 688 534
4. JAISON K.J., AGED 38 YEARS, S/O.JOSEPH,
TRUSTEE, ST.AUGUSTINE'S CHURCH,
AROOR, HOUSE NO.15/342A,
KAKKARAPARAMBU, AROOR - 688534.
5. CENTRAL COMMITTEE OF ST.AUGUSTINE'S CHURCH,
AROOR, REPRESENTED BY ITS CONVENER,
CHERUVALLY HOUSE, AROOR - 688 534.
(CNTD.........2)
OP(C).No. 1191 of 2016 (O)
::2::
6. PRAKASH, AGED 57 YEARS,
S/O.AMBROSE, PROPRIETOR,
PRAKASH CONSTRUCTIONS,
BUILDING NO.IX/210, CHETTIPEDIKA,
PALLIKKUNNU, KANNUR - 670004
7. ST.AUGUSTINE'S CHURCH, AROOR,
REPRESENTED BY ITS TRUSTEE.
8. RAPHEL DAVID, S/O.ESSEY, PAREMURY HOUSE,
AROOR - 688 534.
9. BISHOP OF KOCHI DIOCESE,
DIOCESE OF KOCHI, FORT KOCHI - 682001
10. THE VICAR, ST. AUGUSTINE'S CHURCH
AROOR - 688 534.
R BY SRI.PAUL ABRAHAM VAKKANAL
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 29-04-2016, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 1191 of 2016 (O)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: ORDER DTD. 28.11.2013 IN O.S.NO.669/2013 ON THE FILES OF
MUNSIFF'S COURT, CHERTHALA.
EXT.P2: MODIFIED ORDER DTD. 16.12.2013 IN O.S.NO.669/2013ON THE
FILES OF MUNSIFF'S COURT, CHERTHALA.
EXT.P3: I.A.NO.24/2016 ON THE FILES OF HON'BLE DISTRICT COURT
(VACATION) ALAPPUZHA.
EXT.P4: COUNTER AFFIDAVIT FILED BY R1IN I.A.NO.24/2016 ON THE FILES
OF HON'BLE DISTRICT COURT (VACATION), ALAPPUZHA.
EXT.P5: COUNTER AFFIDAVIT FILED BY R2 & R3 IN I.A.NO.24/2016 ON THE
FILES OF HON'BLE DISTRICT COURT (VACATION), ALAPPUZHA.
EXT.P6: COUNTER AFFIDAVIT FILED BY THE R9 & R10 IN I.A.NO.24/2016
ON THE FILES OF HON'BLE DISTRICT COURT (VACATION), ALAPPUZHA.
EXT.P7: MANUSCRIPT COPY OF THE A DIARY PROCEEDINGS OF THE
PRINCIPAL DISTRICT COURT (VACATION), ALAPPUZHA.
RESPONDENTS' EXHIBITS: NIL
// TRUE COPY //
P.A TO JUDGE.
ALEXANDER THOMAS, J.
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O.P.(Civil)No. 1191 of 2016
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Dated this the 29th day of April, 2016
J U D G M E N T
The prayers in this Original Petition (Civil) filed under Art.227 of the Constitution of India are as follows:
"i. Direct the respondents to maintain status quo in respect of St.Augustine's Church, Aroor so as to preserve the church building without causing any damage.
ii. Direct the District Court (Vacation) Alappuzha to consider and pass orders on Ext.P3 without delay.
iii. Direct the District Court (Vacation) Alappuzha or the Sheristadar Munsiff's Court, Cherthala to issue carbon copy of the judgment in O.S.No. 669 of 2013 dated 12.4.2016 without delay.
v.(sic) Such other appropriate writ or direction as this court may deem fit and proper in the facts and circumstances of the case."
The interim prayer sought in this Writ Petition is as follows:
For the reasons stated in the Memorandum of O.P.(Civil) and in the accompanying affidavit, it is most humbly prayed that this Hon'ble court may be pleased to direct the respondent to maintain the status quo as retards St.Augustine's Church, Aroor for a period of two weeks after receipt of the carbon copy of the judgment dated 12.4.2016 so as to enable the petitioner to file appeal."
2. Heard Sri.M.S.Unnikrishnan, learned counsel appearing for the petitioner and Sri.Abraham Vakkanal, learned Senior Counsel instructed by Sri.Paul Abraham Vakkanal, learned counsel appearing O.P(C)1191/16 - : 2 :-
for the 10th respondent.
3. It is pointed out by both sides that I.A.No.24/2016 in O.S.No.669/2013 is now under consideration of the competent vacation court concerned (viz., District Court, Alappuzha) and that as evident from Ext.P-7 proceedings, the matter is posted to 2.5.2016. Both sides submit that they will complete their arguments on the said I.A. before the said vacation court on 2.5.2016. The said submission made on either side is recorded. Further it is ordered in the interest of justice that the District Court, Alappuzha, will take all reasonable endeavours possible under the circumstances to ensure that appropriate orders are passed on the said application without any further delay after hearing all the parties. In order to preserve the subject matter of the lis, it is ordered in the interest of justice that until orders are passed in I.A.No.24/2016 in O.S.No.669/2013 by the competent court concerned, the demolition of the old church building will be kept in abeyance. But this direction shall not be construed as an expression of merit on the matter by this Court and the competent court concerned will take a decision on the matter independently and untrammelled by the observations in this judgment.
O.P(C)1191/16 - : 3 :-
With these observations and directions, the Original Petition (Civil) stands finally disposed of.
Sd/-
sdk+ ALEXANDER THOMAS, JUDGE
///True copy///
P.S. To Judge.