IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 33153 of 2005(V) -------------------------- PETITIONERS: --------------- 1. REV.FR.IYPE P.SAM, VICAR, ST.THOMAS, ORTHODOX SYRIAN CHURCH, MANTHILIR, KULANADA P.O. 2. P.M.MATHAI, MANNIL HOUSE, NJETTOOR, KULANADA P.O. BY ADV. SRI.BIJU ABRAHAM RESPONDENTS: ---------------- 1. THE SUB DIVISIONAL MAGISTRATE, (RDO), ALAPPUZHA. 2. THE VILLAGE OFFICER, KULANADA. 3. FR.K.E.ABRAHAM, MANNIRAKKAT HOUSE, PRIEST, ST.THOMAS JACOBITE SYRIAN CHURCH, MANTHILIR, KULANADA. 4. GEORGE THOMAS, THAYYIL HOUSE, KAIPPUZHA, KULANADA. 5. GEORGE THOMAS, POYIKAYIL HOUSE, NIDHIN VILLAGE, MANTHUKA P.O. KULANADA. R1 & R2 BY PUBLIC PROSECUTOR, SRI.M.S. BREEZE. R5 BY ADV. SRI.MATHEW JOHN (K) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 33153 OF 2005 APPENDIX PETITONERS' EXHIBITS: EXT.P1 : TRUE COPY OF THE ORDER TAKING OVER THE CHURCH AND SOME OF THE ASSETS OF THE CHURCH DT.03.03.75. EXT.P2 : TRUE COPY OF THE NOTICE DT.24.10.05 FROM TALUK SURVEYOR. EXT.P3 : TRUE COPY OF THE NOTICE DT.02.11.05 ISSUED BY THE 2ND RESPONDENT. EXT.P4 : TRUE COPY OF THE NOTICE DT.16.11.05. EXT.P5 : TRUE COPY OF THE REQUEST SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT ON 18.11.05. EXT.P6 : TRUE COPY OF THE JUDGMENT IN OS NO.13/76 ON THE FILES OF THE 1ST ADDL. DISTRICT COURT, ERNAKULAM, DT.29.08.98. EXT.P7 : TRUE COPY OF THE OBJECTION SUBMITTED BY US TO THE 1ST RESPONDENT ON 03.12.05. EXT.P8 : TRUE COPY OF THE JUDGMENT IN AS NO.768/98 DT.08.10.07 OF HON'BLE HIGH COURT. RESPONDENT'S EXHIBITS: EXT.R5(A) : TRUE COPY OF THE APPLICATION SUBMITTED BY THE 5TH RESPONDENT DT.10.01.05. EXT.R5(B) : TRUE COPY OF THE JUDGMENT DT.28.01.05 IN WPC 2873 OF 2005. EXT.R5(C) : TRUE COPY OF THE MINUTES OF THE MEETING DT.18.11.05. EXT.R5(D) : TRUE COPY OF THE PLAINT IN OS NO.13 OF 1976. EXT.R5(E) : TRUE COPY OF THE REPRESENTATION DT.24.8.05 BY THE 5TH RESPONDENT. /TRUE COPY/ PA TO JUDGE V. RAMKUMAR, J. ------------------------------- W.P(C) No. 33153 OF 2005 ----------------------------------- Dated this the 6th day of February, 2008 JUDGMENT The two petitioners, namely, Rev. Fr.Ipe P.Sam and P.M.Mathai seek a direction to dispose of MC No.12 of 1975 on the file of the Executive First Class Magistrate Court, Chengannoor initiated under Section 145 Cr.PC in respect of a Christian church. They want the Executive Magistrate to dispose of the M.C. in accordance with the subsisting orders of the Civil Court. Both the petitioners do not figure either among the A party or among the B party to Ext.P1 order. The petitioners would contend that they are claiming under the “A party” in the proceedings under Section 145 Cr.PC. The question as to whether the petitioners can represent either of the two parties before the Executive Magistrate, cannot be decided in a writ petition filed under Article 226 of the Constitution of India. When the parties before the Executive Magistrate and the Civil Court are different, the Executive Magistrate cannot be directed to drop the proceedings under Section 145 Cr.PC 2. Admittedly, there are several proceedings with regard to the church in question pending between the petitioners and other WPC No. 33153 of 2005 2 private parties before the Civil Court on the trial side as well as before the Civil Appellate Court. Hence, the petitioners cannot steel a march over their rival factions in a manner otherwise than according to law. This Writ Petition is accordingly dismissed without prejudice to the right of the petitioners to agitate their rights before the Civil Court. V. RAMKUMAR, JUDGE btt WPC No. 33153 of 2005 3