IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Tr.P(C).No. 193 of 2007() ------------------------- OS.110/2005 of SUB COURT, MUVATTUPUZHA .................... PETITIONER ----------------- FR. P.N.THOMAS KUTTY, AGED 34 YEARS, S/O THOMAS, BALGRAM HOUSE, VALAYANCHIRANGARA, PERUMBAVUR, ERNAKULAM DISTRICT. BY ADV. SRI.K.K.APPU SRI.T.M.JOSEPH SHYLAN RESPONDENTS: ------------- 1. CARMEL CHURCH, CHATHAMATTAM KARA, POTHANIKKAD VILLAGE. 2. JOSE, AGED 59, S/O KURIAKOSE, PADINJARATHATTIYIL HOUSE, PYNGOTTOOR KARA, KADAVOOR VILLAGE. 3. THOMAS, AGED 47 YEARS, S/O ISAC, MANGALATH HOUSE, CHATHAMATTAM KARA, KADAVOOR VILLAGE. 4. BENNY, AGED 30 YEARS, S/O KURIAKOSE, THEKKE THOTTIYIL HOUSE, PYNGOTTU KARA, KADAVOOR VILLAGE. 5. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM. 6. SUB DIVISIONAL MAGISTRATE, REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA. 7. VILLAGE OFFICER, VILLAGE OFFICE, POTHANICADU. 8. DANIAL JOHN KATHANAR, AGED ABOUT 70, OOLAPPURAYIL CHALAD KARA, KOTHAMANGALAM TALUK. 9. PHILIPOSE VARGHESE, NADUPURA PUTHENPURAYIL, AGED ABOUT 70, KUVALLOOR KARA, POTHANIKKADU VILLAGE. 10. VARKEY VARGHESE, AGED ABOUT 60, KUZHIKATTIL, KUTTAMANGALAM VILLAGE, KAVALANGADU KARA, KOTHAMANGALAM. 11. MONACHAN, S/O OONNI, AGED 60, PALLIPLAVIL HOUSE, KADAVOOR VILLAGE, CHATHAMATTAM KARA, KOTHAMANGALAM. BY ADV. SRI.P.V.ELIAS SRI.P.V.ELIAS THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. --------------------------- Tr.P.(C) No.193 OF 2007 -------------------------- Dated this the 20th day of February, 2008 O R D E R ~~~~~~~ This transfer petition is preferred with a prayer to transfer O.S.No.110/2005 pending before the Sub Court, Muvattupuzha to the 1st Additional District and Sessions Court, Ernakulam. It is opposed by the other side. The 1st Additional District Judge, Ernakulam was the specially constituted court for the trial of the church cases relating to Malankara church. In this case also, the subject matter comes within the purview of that church and the applicability etc. of the relevant rules and regulations promulgated by the authorities of the church. Since there is an expert body in the form of a special court dealing with the church cases, I feel it is desirable that the matter is transferred to the said court for trial and disposal. Therefore, I transfer O.S.No.110/2005 pending before the Subordinate Judge's Court, Muvattupuzha to the 1st Additional District and Sessions Court, Ernakulam for trial and disposal. (M.N.KRISHNAN, JUDGE) ps