A.HARIPRASAD, J.

Heard the learned counsel for the petitioners and contesting

respondents.

2.

This matter is placed before us pursuant to a reference order

passed by a learned Single Judge.

3.

Short facts, for answering the reference, are as follows :

Plaintiffs in O.S No.686 of 2012 before the Additional Sub

Court, Palakkad, sought transfer of the suit to the First Additional District

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Court, Ernakulam, on the ground that the suit is one pertaining to

Malankara Church disputes and the First Additional District Court,

Ernakulam, is a special court constituted for trial of such cases.

4.

Learned Single Judge, on noticing some conflicting orders

passed by this Court on identical transfer petitions filed under Section 24 of

the Code of Civil Procedure, 1908 (in short 'C.P.C'), referred the case to be

decided by a Division Bench regarding the necessity of transfer of

Malankara Church Cases from different courts to the First Additional

District Court, Ernakulam.

5.

Special court for adjudication Malankara Church disputes

came into existence pursuant to a Government Order viz; Government of

Kerala G.O.Rt.1532/76/Home dated 30

th June, 1976. It reads thus :

O R D E R

“ The Registrar of High Court has recommended

that one Additional Sessions Court may be established

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at Ernakulam exclusively for the trial of cases

connected with Malankara Church disputes now

pending in various courts of the State.

2.

Government accept the recommendation

and are pleased to accord sanction for establishing a

special court at Ernakulam with the following staff

exclusively for trial of cases concerning Malankara

Church disputes till the end of February, 1977.

Additional District & Sessions Judge

1 on Rs.1400-1900

U.D.Clerk

1 on Rs.275-525

L.D.Clerks

2 on Rs.239-385

Stenographer

1 on Rs.240-540

Peons

3 on Rs.196-265

The expenditure will be not from the

contingency fund initially to be recouped later by

moving for a supplementary grant.

By order of the Governor,

Sd/-

S.NARAYANASWAMY,

SPECIAL SECRETARY. ”

Tr.P (C) No.475 of 2017 6

6.

It is noteworthy, then more than 400 suits were pending in

different courts in the State in respect of various disputes in Malankara

Church. In order to have a uniform view in those cases, one special court

was constituted as per the aforementioned Government Order. As per the

notification above, term of the court would have ended by the end of

February, 1977. However, it was later extended till February, 1982.

7.

It is seen from the records placed before us that on

16-03-2017, the Registrar (Subordinate Judiciary) of this Court had

addressed the Additional Chief Secretary, Home (C) Department,

Government of Kerala, requesting to issue necessary orders making the

First Additional District & Sessions Court, Ernakulam, permanent with

retrospective effect from 01-03-1982 and also to designate the said court

as a Special Court for trial of cases connected with Malankara Church

disputes from 01-03-1982 till all cases relating to Malankara Church

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disputes are disposed of. The Government is yet to take a decision thereon.

8.

Learned counsel on both sides produced a common judgment

in O.P(C) Nos.3649 of 2017, 3650 of 2017, 3656 of 2017 and 235 of 2018

dated 15

th February, 2018, wherein one of us (A.Hariprasad, J) directed

transfer of a suit filed before the Munsiff's Court, Muvattupuzha, to the First

Additional District Court, Ernakulam, for trial and disposal. In paragraph

17 of the aforementioned common judgment, it has been made clear as

follows :

“ 17. The notification constituting the Special Court

specifically shows that the court was established for trial

of Malankara Church