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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 21ST DAY OF JANUARY 2020 / 1ST MAGHA, 1941 RFA.No.10 OF 2020 AGAINST THE JUDGMENT AND DECREE IN OS 6/2013 DATED 29-11-2019 OF IST ADDITIONAL DISTRICT COURT, ERNAKULAM APPELLANT/DEFENDANT NO.11:
K.P.MATHACHAN, AGED 72 YEARS S/O. PAULOSE, KAVANATHOTTATHIL HOUSE, OORAMANA P.O. MEMURI, MUVATTUPUZHA 686 663.
BY ADVS.
SRI.K.R.VINOD SMT.M.S.LETHA SMT.K.S.SREEREKHA SRI.NABIL KHADER RESPONDENTS/PLAINTIFFS/DEFENDANTS 1 TO 10 AND 12,13:
1 V.P.JOY, AGED 56, S/O. V.P. PAULOSE VADAKKEDATHU HOUSE, OORAMANA KARA, MEMURI VILLAGE, MUVATTUPUZHA, ERNAKULAM 686 663.
2 SHAJI MATHAI, AGED 41 YEARS S/O. MATHAI, THOTTIYIL HOUSE, OORAMANA KARA, MEMURI VILLAGE, MUVATTUPUZHA, ERNAKULAM 686 663.
3 C.O. PAULOSE, AGED 46 YEARS S/O JOSEPH, CHENAKKOTTU HOUSE, OORAMANA KARA, MEMURI VILLAGE, MUVATTUPUZHA, ERNAKULAM 686 663.
4 ST. GEORGE TABORE CHURCH OORAMANA, MEMURI VILLAGE, MUVATTUPUZHA , ERNAKULAM REPRESENTED BY ITS TRUSTEES, N.I. THOMAS, S/O. ITTEN, NEDUMATTATHIL HOUSE, OORAMANA KARA, MEMURI VILLAGE, MUVATTUPUZHA, ERNAKULAM AND K.V. KURIAKOSE, S/O. VARGHESE, KUMBALATHUKKUNNEL HOUSE OORAMANA KARA, MEMURI VILLAGE, MUVATTUPUZHA, ERNAKULAM 686 663.
5 N.I. THOMAS, AGED 67 YEARS S/O. ITTAN, NEDUMATTATHIL HOUSE, OORAMANA, MEMURI VILLAGE, MUVATTUPUZHA, ERNAKULAM, 686 663.
6 K.V. KURIAKOSE, S/O. VARGHESE, KUMBLATHUKUNNEL HOUSE, OORAMANA KARA, MEMURI VILLAGE, MUVATTUPUZHA, ERNAKULAM 686 663.
7 FR. JOY THOMAS, S/O. THOMAS, MUTTATHUKKATTIL HOUSE, MULAKULAM VILLAGE, VAIKOM TALUK, 686 610.
8 P.V. ALEX, AGED 56 YEARS, S/O. VARKEY, PADIYEDATHU HOUSE, OORMANA, KARA, MEMURAI VILLAGE, MUVATTUPUZHA, ERNAKULAM 686 663.
9 P.U. SKARIA, AGED 64 YEARS, S/O. UTHUPPU, PUNNOORPEDIKAYIL HOUSE, OORAMANA KARA, MEMURI VILLAGE, MUVATTUPUZHA, ERNAKULAM, 686 663.
10 ST. GEORGE JACOBITE SYRIAN TABORE CHURCH OORAMANA KARA, MEMURI VILLAGE, MUVATTUPUZHA, ERNAKULAM, REP. BY ITS TRUSTEE. K.S. ELDHO, AGED 52, S/O. K.C. SCARIA, KODUKUTHIUYIL HOUSE, OORAMANA, MEMURI VILLAGE, MUVATTUPUZHA, ERNAKULAM 686 663.
11 C.V. PAULOSE @ PAILY, AGED 71 YEARS S/O. VARGHESE , CHOCKLAYIL HOUSE, OORAMANA, MEMURI VILLAGE, MUVATTUPUZHA, ERNAKULAM 686 663.
12 FR. GEORGE KALAPPURAYIL , AGED 62 YEARS S/O. VARKEY PATHROSE, KALAPURAYIL HOUSE, VADAYAMPADY, PUTHENCRUZ, VICAR ST. GEORGE JACOBITE SYRIAN TABORE CHURCH, OORAMANA, MEMURI VILLAGE, MUVATTUPUZHA, ERNAKULAM 686 663.
13 PAULOSE P. PETER, AGED 65 YEARS S/O. PATHROSE P. PETER, PONNAL HOUSE, OORAMANA, MEMURI, VILLAGE, MUVATTUPUZHA, ERNAKULAM 686 663.
14 M.P. GEORGE, AGED 60 YEARS, S/O. PAULOSE, MANACKANAPPILLIL HOUSE, OORAMANA, MEMURI VILLAGE, MUVATTUPUZHA, ERNAKULAM 686 663.
15 SHIJU .C.V., AGED 41 YEARS, S/O. VARKEY, CHEERAKUZHY HOUSE, OORAMANA, MEMURI VILLAGE, MUVATTUPUZHA, ERNAKULAM 686 663.
THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON
21.01.2020, ALONG WITH RFA.17/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 21ST DAY OF JANUARY 2020 / 1ST MAGHA, 1941 RFA.No.17 OF 2020 AGAINST THE JUDGMENT AND DECREE IN OS 6/2013 DATED 29-11-2019 OF I ADDITIONAL DISTRICT COURT, ERNAKULAM APPELLANTS/DEFENDANTS 6 & 8:
1 P.U.SCARIA, AGED 65 YEARS, S/O UTHUP, PUNNOORPEDIKAYIL HOUSE, OORAMANA KARA, MEMURY VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN-686 663.
2 C.V.PAULOSE @ PAILY, NOW AGED 72 YEARS S/O VARGHESE, CHOCKALAYIL HOUSE, OORAMANA KARA, MEMURY VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN-686 663.
BY ADVS.
SRI.K.J.KURIACHAN SRI.SUNIL JACOB RESPONDENTS/PLAINTIFF 1 TO 3/DEFENDANTS 1 TO 5,7,9 TO 11 & 13:
1 V.P.JOY, AGED 50 YEARS, S/O P.V.PAULOSE, VAAKKEDATH HOUSE, OORAMANA KARA, MEMURI VILLAGE, MUVATTUPUZHA TALUK 686 663
2 SHAJU MATHAI, AGED 32 YEARS S/O MATHAI, THOTTIYIL HOUSE, OORAMANA KARA, MEMURI VILLAGE, MUVATTUPUZHA TALUK, PIN-686 663.
3 C.O.PAULOSE, AGED 40 YEARS, S/O JOSEPH, CHENAKKOTTU HOUSE, OORAMANA KARA, MEMURI VILLAGE, MUVATTUPUZHA TALUK, PIN-686 663.
4 ST. GEORGE TABORE CHURCH, OORAMANA , MEMURI VILLAGE, MUVATTUPUZHA TALUK, REPRESENTED BY ITS TRUSTEES, N.I.THOMAS, S/O ITTAN, NEDUMATTATHIL HOUSE, OORAMANA KARA, MEMURI VILLAGE, MUVATTUPUZHA TALUK, PIN-686 663. AND K.V.KURIAKOSE, S/O VARGHESE, KUMBALATHUKUNNEL HOUSE, OORAMANA KARA, MEMURI VILLAGE, MUVATTUPUZHA TALUK, 686 663.
5 N.I. THOMAS, S/O ITTAN, NEDUMATTATHIL HOUSE, OORAMANA KARA, MEMURI VILLAGE, MUVATTUPUZHA TALUK, PIN-686 663.
6 K.V.KURIAKOSE, S/O VARGHESE, KUMBALATHUKUNNEL HOUSE, OORAMANA KARA, MEMURI VILLAGE, MUVATTUPUZHA TALUK, PIN-686 663.
7 FR. JOY THOMAS, AGED 39 YEARS, S/O THOMAS, MUTTATHUKATTIL HOUSE, MULAKULAM VILLAGE, VAIKOM TALUK, PIN-686 610.
8 P.V.ALEX, AGED 50 YEARS, S/O VARKEY, PADIYEDATH HOUSE, OORAMANA KARA, MEMURI VILLAGE, MUVATTUPUZHA TALUK, PIN-686 663. 9 ST. GEORGE JACOBITE SYRIAN TABORE CHURCH, OORAMANA KARA, MEMURI VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT PIN-686 673, REPRESENTED BY ITS TRUSTEE, K.S.ELDHO, AGED 46, S/O K.C.SCARIA, KODUKUTHIYIL HOUSE, OORAMANA KARA, MEMURI VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT,PIN-686 663.
10 FR. GEORGE KALAPURAYIL, AGED 56 YEARS S/O VARKEY PATHROSE, RESIDING AT KALAPURAYIL HOUSE, VADAYAMPADI P.O., VIA PUTHENCRUZE, VICAR, ST.GORGE JACOBITE SYRIAN TABORE CHURCH, OORAMANA , MEMURI VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT PIN-686 673
11 PAULOSE P. PETER, AGED 59 YEARS, S/O PATHROSE P.PETER, PONNAL HOUSE, OORAMANA KARA, MEMURI VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT ,PIN-686 673
12 K.P. MATHACHAN, AGED 67 YEARS, S/O PAULOSE, KAVANATHOTTATHIL HOUSE, OORAMANA P.O, MEMURI VILLAGE, MUVATTUPUZHA TALUK, PIN-686 663.
13 SHIJU .C.V, AGED 35 YEARS, S/O VARKEY, CHEERAKUZHY HOUSE, OORAMANA KARA, P.O., MEMURI VILLAGE, MUVATTUPUZHA TALUK, PIN-686 663.
R1 BY ADV. SRI.P.MARTIN JOSE (CAVEATOR)
THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION
21.01.2020, ALONG WITH RFA.10/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
A novel but certainly enterprising contention as regards what is now famously known as the ‘Malankara Orthodox Syrian Church Cases’, is urged in these appeals.
2. The appellants herein predicate that the suit, from which these appeals arise, is not maintainable since the provisions of the Places of Worship (Special Provisions) Act, 1991, barricades its considerations on merits.
3. I have remarked above that this contention is enterprising since this does not appear to have been urged earlier, even when several of the litigations relating to the other constituent churches under the Malankara Orthodox Syrian Sabha have reached all the way up to the Honourable Supreme Court leading to two seminal judgments being delivered, to which I will advert presently, after indicating the most necessary facts.
4. These appeals have been considered together since they have been filed against the same judgment and decree issued by the First Additional District Court, Ernakulam in O.S.No.6/2013.
5. While RFA No.10/2020 has been filed by the defendant No.11 in the suit; RFA No.17/2020 has been filed by defendants 6 and
8.
6. Prefatorily speaking, the issues involved in these cases relate to the management and control of the St.George Tabore Church, Ooramana (hereinafter referred to as 'the Church' for short), which is conceded to be a constituent of the Malankara Orthodox Syrian Sabha Church (hereinafter referred to as 'the Malankara Church' for short). Obviously, therefore, the declarations of law by the Hon'ble Supreme Court in P.M.A. Metropolitan v. Moran Mar Marthoma [AIR 1995 SC 2001] and K.S.Varghese and Others v. St.Peter's and St.Paul's Syrian Orthodox and Others [2017 (3) KLT 261 SC] apply in its full force as regards the management of the Church is concerned.
7. The suit in question has been filed by the parishioners of the Church asserting it to be a constituent of the Malankara Church and sought the following reliefs:
a) directing the defendants 5 and 6 to account the amounts received from the offertory (Bhandaram) kept in plaint 'B' and 'C' schedule.
b) declaration that 4th defendant or his successors appointed under 1934 Constitution by the Diocesan Metropolitan of Kandanadu Diocese East alone are entitled to conduct the religious services in 1st defendant church and B and C schedule chapel and kurisadies.
c) declaration that only parishioners who satisfy the condition prescribed in Clause 4 and 7 of 1934 Constitution and confesses before the 4th defendant or the Vicar appointed under 1934 Constitution by the Diocesan Metropolitan alone are entitled to participate in the parish assembly.
d) a decree of permanent prohibitory injunction restraining the defendants 5 and 6 and their men or agent or anybody claiming to be the members of Patriarch faction from causing any obstruction or hindrance to 4th defendant or his successors appointed under 1934 Constitution in discharging the religious duties/functions in 1st defendant church and 'B' and 'C'
schedule chapel; and kurisadies.
8. The judgment and decree of the Court below, impugned in these appeals show that the suit was decreed in the following manner:
1. It is declared that the 4th defendant or his successors appointed under the 1934 constitution of Malankara Orthodox Syrian Church by the Diocesan Metropolitan of Kandanad Diocese alone are entitled to conduct religious services in the first defendant church and B and C schedule chappel and kurisadies.
2. It is declared that only parishioners who satisfy the conditions in clauses 4 and 7 of the 1934 Constitution and confess before the 4th defendant or the vicar appointed under the 1934 Constitution by the Diocesan Metropolitan alone are entitled to participate in the parish assembly of D1 church.
3. D5 and D6, their men, agents or anybody claiming under them are restrained by a perpetual injunction from causing any obstruction or hindrance to the 4th defendant or his successors appointed under the 1934 Constitution of Malankara Orthodox Syr
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