IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 WP(C).No. 56 of 2009(F) -------------------------------------- IA.701/2007 of I ADDL.DISTRICT COURT, ERNAKULAM .................... PETITIONERS: 1. E.V.JAMES, S/O.VARGHESE, EDAPPALLIMATTATHIL, THIRUVANIYOOR VILLAGE, KUNNATHUNAD TALUK. 2. T.P.WILSON, S/O.PAILY THACHETH KOKKAPILLY KARA, THIRUVANIYOOR VILLAGE, KUNNATHUNAD TALUK. BY ADV. SRI.S.R.DAYANANDA PRABHU RESPONDENTS: 1. O.V.JOHNY, S/O.VARGHESE, OOMELLIL HOUSE, KOKKAPILLY KARA, THIRUVANIYOOR VILLAGE, KUNNATHUNADU TALUK. 2. N.V.GEORGE, S/O.VARGHESE, NEDEVELAPARAMBIL (H), DO. DO. 3. J.GEORGE, S/O.FR.JACOB, MUREEKKAL HOUSE, DO. DO. 4. ST.JOHN'S ORTHODOX SYRIAN CHURCH KANNIYATTUNIRAPPU, KUZHIYARA KARA THIRUVANIYOOR VILLAGE REP. BY ITS VICAR. 5. FR.JOHN MOOLAMATTOM, S/O.FR.KURIAKOSE, DO. DO. 6. M.V.GEORGE, S/O.VARKEY, MUREEKKAL HOUSE, THALAKODE KARA, KANAYANNUR VILLAGE, KANAYANNUR TALUK. 7. P.M.JOY, S/O.MANI, PADINJAREKUDIYIL HOUSE, KOKKAPILLY KARA, THIRUVANIYOOR VILLAGE, KUNNATHUNADU TALUK. 8. K.P.VARGHESE, S/O.PATHROSE, KOTTARATHIL HOUSE, DO. DO. 9. M.Y.SAJU, S/O.YOHANNAN, MALIECKAL HOUSE, DO. DO. MANAGER, ST.JOHN'S HIGH SCHOOL, KANNIYATTUNIRAPPU. 10. REJI N.K., NADUMPLAYIL HOUSE, KUZHYIYARA KARA, DO. DO. SECRETARY, ST.JOHN'S HIGH SCHOOL, KANNIYATTUNIRAPPU. 11. JOY, S/O.KOCHUKUNJU, CHELACHUVATTIL, THIRUVANIYOOR VILLAGE, KUNNATHUNADU TALUK, 12. YACOB, S/O.KUNJAPPAN, KEELATH, DO. DO. 13. BENNY PAUL, S/O.PAILY, PATTULLIL, DO. DO. 14. P.V.KURIACHAN, S/O.VARKEY, PUTHENVEETTIL HOUSE, DO. DO. 15. K.T.PAULOSE, S/O.THOMMAN, KOLLAMKULATHIL KIDANGAYAM KARA, KANAYANNUR TALUK. 16. C.A.THANKACHAN, S/O.ABRAHAM, CHIRAPPATTU KIDANGAYAM KARA, KANAYANNUR TALUK. 17. BABU, S/O.VARGHESE, DO. DO. 18. V.M.PAULOSE, S/O.MATHEW, VAZHAKALAYIL KANAYANNUR TALUK. KANAYANNUR VILLAGE. 19. ELIAS, S/O.PAPPLY, PARAKULANGARA KIDANGAYAM KARA, KANAYANNUR TALUK. 20. GEE VARGHESE, S/O.YACOB, KOKKATTU KUZHIYARA KARA, THIRUVANIYOOR VILLAGE, KUNNATHUNADU TALUK. 21. P.K.ELIAS, S/O.KONAH, PERUMBATTU KOKKATTU KUZHIYARA KARA, THIRUVANIYOOR VILLAGE, KUNNATHUNADU TALUK. 22. N.U.JOSEPH, S/O.ULAHANNAN, NJATTUTHOTTIYIL, KUZHIYARA KARA, HIRUVANIYOOR VILLAGE, KUNNATHUNADU TALUK. 23. PAUL VARGHESE, S/O.VARGHESE, VATTAPPILLIL HOUSE, KOKKAPILLY KARA, THIRUVANIYOOR VILLAGE, KUNNATHUNADU TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.56 of 2009 F -------------------------- JUDGMENT Heard counsel for the petitioners. 2. The only grievance of the petitioners that is highlighted before me by the learned counsel for the petitioners is that the court below has, vide Exhibit P8 order, reviewed the earlier order passed on I.A.No.701/07 allowing painting of the Church using Janathasem as well as enamel paint and has allowed re-painting being done using emulsion paint without making any provision in the order for the cost being met by the persons who have sworn in the affidavits filed in support of the review petition offering to bear the expenses of materials and labour for painting. It is submitted that the only concern of the petitioners is to see that no amount is incurred from the funds of the Church for such work, which will be higher than for re-painting using Janathasem and enamel paint. WPC 56/09 2 3. Exhibit P4 affidavit is sworn to by one T.V.Mony, S/o T.S.Varghese expressing his willingness to pay the necessary amounts to the Advocate Commissioner as and when required or to supply the materials for painting free of cost to the Advocate Commissioner as may be directed by the Court. Exhibit P5 affidavit is filed by Sri.A.M.Johney, S/o late Mathew expressing his willingness to bear the expenses towards labour charges and other incidental expenses for re- painting the Church building. 4. Counsel for the petitioners submits that towards the cost of materials for painting, at least an amount of Rupees Six lakhs would be required and for labour and other incidental expenses approximately an amount of Rupees Three lakhs would be required, whereas, the cost estimated by the Advocate Commissioner to re-paint the Church building with Janathasem and enamel paint would be only Rupees Four lakhs and if the WPC 56/09 3 work of painting the Church building using emulsion paint is started and necessary funds are not provided by Sri.T.V.Mony and Sri.A.M.Johney, who have respectively filed Exhibit P4 and Exhibit P5 affidavits, it may become necessary for the Church to meet the expenses and in that event, the funds of the Church will have to be drained out unnecessarily. 5. In the circumstances, I direct the court below to see that an amount of Rupees Six lakhs is caused to be deposited by Sri.T.V.Mony, S/o T.S.Varghese, who has filed Exhibit P4 affidavit and to cause a further amount of Rupees Three lakhs being deposited by Sri.A.M.Johney, S/o late Mathew, who has filed Exhibit P5 affidavit respectively towards the cost of materials for painting and towards the cost of labour for painting work, including the incidentals thereof. The court below shall make it clear that excess amount, if any, required shall also be deposited by those deponents WPC 56/09 4 and that in the event of there being any excess amount that should be refunded respectively to the persons concerned who have made the deposit. The court below shall also cause the deposit to be made at the earliest so as to enable the work of re- painting of the Church being completed as early as possible. With the above further directions, I confirm Exhibit P8 order of the court below dated 20.8.2008. The writ petition is, thus, disposed of. 2nd January, 2009 (K.P.Balachandran, Judge) tkv