IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 Tr.P(C).No. 37 of 2008() ------------------------ PETITIONERS:- ---------------------------- 1. FR. GEE VARGHESE, AGED 27, S/O. FR. JOHN V.VARGHESE, VICAR, ST.GEORGE JACOBITE SYRIAN CHURCH, KATHIPPARATHADAM. 2. POULOSE KURIAN, AGED 60, KANJIRAMKATTU, CHELACHUVADU, KANJIKUZHI VILLAGE. 3. MATHEW JOSEPH, AGED 45, THAYANKERI, KARETHODU P.O., KANJIKUZHI VILLAGE. 4. ELIAS SCARIA, AGED 50, CHIRACKACHALIL HOUSE, RAJAPURAM P.O., MURICKASSERY, VATHIKENDY VILLAGE. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: ------------- 1. ST.GEORGE ORTHODOX SYRIAN CHURCH, KATHIPPARATHADAM, (WRONGLY MENTIONED AS ST.GEORGE JACOBITE SYRIAN CHURCH), CHELACHUVADU, IDUKKI, REPRESENTED BY ITS TRUSTEE. 2. FR. PAULOSE NJATTURAKALA, S/O. MATHAI, AGED 46, VALAMBOVU, KADANGIRAPPU, ERNAKULAM DIST. 3. BINOY VARGHESE, AGED 20, EERACHERRIL HOUSE, KANJIKUZHI P.O., KANJIKUZHI VILLAGE, IDUKKI DIST. 4. ELDHOSE ISSAC, AGED 45, KEEPALAKATH HOUSE, THALLAKANAM KARA, KANJIKUZHI VILLAGE, IDUKKI DIST. 5. MATHEW ULAHANNAN, AGED 52, VETTUCHIRAYIL HOUSE, MANIPPARA P.O., ATTIKULAM, KANJIKUZHI, IDUKKI. 6. MATHEWS MAR IVANIOUS METROPOLITAN CLAIMING TO BE THE METROPOLITAN OF KANDANADU DIOCESE BASELIOUS PAULOSE - II CENTER, KANDANADU P.O., KOLENCHERRY, ERNAKULAM DIST. 7. BASELIOUS THOMAS-I, CHAIMING TO BE THE CATHOLICOSE, CATHOLICATE ARAMANA, MOUNT SENAI, KOTHAMANGALAM, ERNAKULAM DIST. 8. DR. THOMAS MAR ATHANACIOUS METROPOLITAN, BISHOP'S HOUSE, MUVATTUPUZHA, ERNAKULAM DIST. BY ADV. SRI.GEORGEKUTTY MATHEW FOR R2 TO R5 “ SRI.SAJAN VARGHESE FOR R1 & R6 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO.322/2008 IN Tr.P.C.37/2008 28.7.2008 Dismissed Sd/- M.Sasidharan Nambiar Judge /true copy/ P.S to Judge M.Sasidharan Nambiar,J. ======================= Tr.P(C) No.37 of 2008 ======================= Dated this the 28th day of July, 2008 O R D E R This petition is filed to transfer O.S.67/2007 on the file of Munsiff's Court, Idukki to Ist Additional District Court, Ernakulam. Petition is filed by defendants 1 to 4. Respondents are the plaintiffs. The relief sought for in the suit is for declaration that first respondent Church is an independent parish owing allegiance to the patriarch of Antioch and that second respondent is the vicar of the Church and for permanent prohibitory injunction restraining defendants and their successors in office from obstructing second respondent functioning as the Vicar. Case of petitioners is that as First Additional District Court, Ernakulam is notified as a Special Court to try Malankara Church cases and so the case is to be tried by that court and therefore suit is to be transferred to that court. Respondents opposed the Tr.P(C)37/2008 2 application and filed a counter affidavit contending that plaint schedule property was purchased only in 1977 and the Church was put up and consecrated thereafter and as per Ext.R4(a) Notification Special Court was established for trial of cases connected with Malankara Church disputes and that dispute was crystallised in 1974 by filing O.S.142/1974 and in such circumstance, the dispute regarding the plaint schedule Church cannot be a dispute which is to be tried by the Special Court and therefore the case cannot be transferred. 2. The question whether 1934 Constitution governs the plaint schedule Church is not to be decided in this Transfer Petition. That is a dispute to be finally settled in the suit. The question is whether suit is to be tried by the Special Court or not. True, Special Court was constituted for exclusive trial of cases connected with Malankara Church disputes. It is also true that Malankara Church dispute was settled in Tr.P(C)37/2008 3 O.S.142/1974. But the question is whether for the reason that plaint schedule property was acquired in 1977 and the Church was consecrated later, the dispute cannot be a dispute which is to be tried by the Special Court constituted under the Government Notification. On the facts, it cannot be disputed that the dispute is essentially one to be tried by the Special Court. In such circumstance, petition is allowed. O.S.67/2007 on the file of Munsiff Court, Iduki is transferred to Ist Additional District Court, Ernakulam for trial and disposal in accordance with law. M.Sasidharan Nambiar Judge tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- CRL.R.P.NO. /08 --------------------- ORDER MARCH,2008