IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 Tr.P(C).No. 198 of 2011() ------------------------------------- OS.NO. 195/2003 of MUNSIFF COURT, VADAKKANCHERRY .................... PETITIONERS/DEFENDANTS NO.1 TO 4 --------------------------------------------------------- 1. FR.RAJU MARKOSE, S/O.MARKOSE, PUTHUSSERY HOUSE, OLIMKADAVU P.O., MANGALAM DAM, ALATHUR TALUK. 2. P.P.GEORGE, S/O.PHILIPPOSE, KAIKKARAN, PAINGATTUKUNNEL HOUSE, THRIKKANAYA, ELANADU P.O., THALAPPILLI TALUK, THRISSUR DISTRICT. 3. JAMES BABY, S/O.BABY, KAIKKARAN, KUPPAMALAYIL PUTHENPURAYIL HOUSE, KALIYAROAD P.O., PANGARAPPILLY VILLAGE, THALAPPILLI TALUK, THRISSUR DISTRICT. 4. GEORGE K.U., S/O.ULAHANNAN, KANDAMCHIRAYIL HOUSE, KALAPPARA, KALIYAROAD P.O., PANGARAPPILLY VILLAGE, THALAPPILLI TALUK, THRISSUR DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): PLAINTIFFS & DEFENDANT NO.5 & 6 -------------------------------------------------------------------------------- 1. FR.SUNNY PULIKKAKUDIYIL, ST.GEORGE YAKOBAYA SURIYANI CHURCH, THRIKKANAYA, THRISSUR DISTRICT. RESIDING AT: PULIKKAKUDIYIL HOUSE, ELANADU .O. THALAPPILLI TALUK, THRISSUR DISTRICT.PIN-680 001 2. JOY, S/O.PAILY, OTTAKOMBANANIKKAL HOUSE, KALIYAROAD P.O., PANGARAPPILLY VILLAGE, THALAPPILLI TALUK, THRISSUR DISTRICT.PIN-680 001 2/- -2- TR.P.(C)NO.198/2011 3. GEORGE VARGHESE, S/O.VARGHESE, CHULLIKKAL HOUSE, KARIMAMKUZHI, ELANADU P.O., THALAPPILLI TALUK, THRISSUR DISTRICT.PIN-680 001 4. N.M.VARGHESE, S/O.MATHAI, NARIYELIL HOUSE, THRIKKANAYA, ELANAD P.O., THALAPPILLI TALUK, THRISSUR DISTRICT.PIN-680 001 5. HG THOMAS MAR DIONYSIUS, (NOW HB MORAN MAR BASELIOUS THOMAS I) MOUNT SEENAI ARAMANA, KOTHAMANGALAM P.O., ERNAKULAM DISTRICT.PIN-686 691 6. GEEVARGHESE RAMBAN, (NOW MAR ATHANASIOUS GEEVARGHESE) ERALIL HOUSE, MAMBRA, KORATTY P.O. RESIDING AT: ERALIL HOUSE, AYYAMPILLY, CHERAI P.O., ERNAKULAM DISTRICT.PIN-683 517 R1 TO R4 BY ADV. SRI.BIJU ABRAHAM THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts TR.P(C)NO.198/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX -A: COPY OF THE G.O.RT.1532/76/HOME DATED 30/06/1976. ANNEX-B: COPY OF THE PLAINT IN OS NO.195/2003 ON THE FILE OF MUNSIFF'S COURT, WADAKKANCHERRY. ANNEX-C: COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS IN OS NO.195/2003 ON THE FILE OF MUNSIFF'S COURT, WADAKKANCHERRY. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.198 of 2011 ==================================== Dated this the 11th day of July, 2011 O R D E R Petitioners are defendants 1 to 4 in O.S. No.195 of 2003 of the court of learned Munsiff, Wadakkancherry requesting a transfer of that case to the court of learned First Additional District Judge, Ernakulam which is clothed with authority to decide what is commonly called 'Church Cases' as per Annexure-A, Government Order dated 30.06.1976. Respondents 1 to 4 filed the suit for a declaration that first respondent alone is entitled to function as Vicar of St.George Yakobaya Suriyani Church, Thrikanaya with the exclusive right of performing ceremonies and other sacraments in the Church, cemetery and other adjuncts of the Church and right to convene the parish assembly, preside over the same and elect Managing Committee and for other reliefs including a consequential injunction to restrain petitioners, other defendants and their supporters from entering the Church, cemetery and adjuncts or interfering in any manner with Tr.P(C) No.198 of 2011 -: 2 :- management of the church. Petitioner and others filed written statement disputing the claim of respondents. The case was posted for trial in the list on 08.07.2011. It is at that stage that petitioners have preferred this petition requesting for transfer. Learned counsel contended that since power is conferred on the First Additional District Judge, Ernakulam for trial of Church cases and since there is possibility of conflicting decisions it is necessary that the suit is transferred to the court of learned First Additional District Judge, Ernakulam. 2. Petition is opposed by respondents 1 to 4. First respondent has filed a counter affidavit traversing the averments in the petition. It is contended that the suit is not one coming under Annexure-A, Government Order and that the Special Court is constituted for trial and disposal of suits concerning disputes within the Malankara Orthodox Syrian Church. It is contended that petitioners are not members of the Malankara Orthodox Syrian Church, nor have they any right or authority over the Churches of Malanakara Orthodox Syrian Church. In response to the above Tr.P(C) No.198 of 2011 -: 3 :- contention learned counsel for petitioners contends that cases of the nature as on hand also could be transferred to the court of learned First Additional District Judge. 3. I need not go into the above controversy in this proceeding. There is no case that the court of learned Munsiff, Wadakkancherry has no jurisdiction to try the suit and grant relief. I must bear in mind that the suit was filed in the year 2003 and the request for transfer of the case came on the eve of the day scheduled for trial of the case in the list in the year 2011. It is not disputed that first respondent has filed proof affidavit in the court below. It is also not disputed that first respondent has been cross- examined in part. At this stage it is not necessary to direct transfer of the case. The transfer petition fails and it is dismissed. THOMAS P. JOSEPH, JUDGE. vsv