IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 OP(C).No. 1308 of 2010(O) ------------------------- OS.33/2009 of I ADDL.DISTRICT COURT, ERNAKULAM .................... PETITIONERS: -------------------- 1. SIMON T. GEORGE, S/O. GEORGE, KILIYAMANGALAM HOUSE, MANEED VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DIST. 2. N.P.KURIAKOSE @ VETTIKUZHI JOY, S/O.PATHROSE, AGED 58 YEARS, RESIDING AT NADUVILEDATHU PUTHENPURAYIL, EZHAKKARANADU, MANEED VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DIST. BY ADV. SRI.T.RAMPRASAD UNNI SRI.RAHUL VENUGOPAL RESPONDENT(S): --------------- 1. K.V.PAUL, AGED 55 YEARS, S/O.VARKEY, KOZHIKKOOTTUTHARAYIL HOUSE, NECHOORKARA, MANEED VILLAGE, MUVATTUPUZHA TALUK, ERANAKULAM DIST 686661. 2. K.C.JOY, AGED 58 YEARS, S/O.CHACKO , KAYYALAPARAMBIL HOUSE, NECHOORKARA, MANEED VILLAGE, MUVATTUPUZHA TALUK, ERANAKULAM DIST 686661. 3. K.P.JOY, S/O.PAILY, AGED 44 YEARS, RESIDING AT KARIMBALAKKAT HOUSE, NECHOORKARA, MANEED VILLAGE, MUVATTUPUZHA TALUK, ERANAKULAM DIST 686661. 4. FR.P.M.KURIAKOSE, S/O. MATHEW, MOOLAMATTATHIL HOUSE, PRIEST, ST.THOMAS CHURCH, NECHUR, RESIDING AT MOOLAMATTATHIL HOUSE, NECHOORKARA, MANEED VILLAGE, MUVATTUPUZHA TALUK, ERANAKULAM DIST 686661. 5. T.K.JOY, S/O.KURIAN, AGED 46 YEARS, THADATHIL PARAMBIL HOUSE, NECHOORKARA, MANEED VILLAGE, MUVATTUPUZHA TALUK, ERANAKULAM DIST 686661. 6. SOJAN P.ABRAHAM, S/O.ABRAHAM, AGED 45 YEARS, PUNCHILAYIL HOUSE, PAZHOOR P.O., KAROORKARA, MANEED VILLAGE, MUVATTUPUZHA TALUK, ERANAKULAM DIST 686661. 7. RAJU JOHN, S/O.JOHN, NADUVILEDATHU, PUTHENPURAYIL HOUSE, (VETTIKUZHIYIL HOUSE), EZHAKKARANADU, MANEED VILLAGE, MUVATTUPUZHA TALUK, ERANAKULAM DIST 686661. GOVT.PLEADER, SRI.B.JAYASURYA ADV. SRI.S.SREEKUMAR. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.S.GOPINATHAN, J. --------------------------------- O.P.(C) No.1308 OF 2010 ----------------------------------- Dated this the 23rd day of December, 2010 J U D G M E N T ~~~~~~~~~~~ This Original Petition under Article 227 of the Constitution of India is filed assailing Ext.P4 order passed by the 1st Additional District Judge in I.A.No.6317/2010 in O.S.No.33/2009. By the impugned order, the petitioners who were respondent Nos.3 and 5 before the trial court and belonging to patriarch faction was allowed to conduct religious sacraments and functions in the church in dispute, starting from 6 p.m. On 24.12.2010 till 12 O'clock in the midnight. The orthodox group to which the respondents belong were permitted to conduct religious sacraments from 00.30 a.m to 6.30 a.m. on 25.12.2010. 2. I have heard Sri.K.Ramkumar, learned senior counsel appearing for the petitioners and Sri.S.Sreekumar, learned counsel appearing for the respondents. The main grievance of the petitioners is that last year by Ext.P5 order the petitioners were permitted to perform the religious sacraments and O.P.(C) 1308/2010 2 functions till 2.45 a.m. and the respondents were permitted to start the functions only from 03.00 a.m. to 6.30 a.m. and without assigning any reason the trial court had issued the impugned order whereby the petitioner had to stop the religious sacraments before the midnight, the crucial time. On the other hand, the learned counsel for the respondents submitted that it is under a consensus between the parties and as agreed by the counsel representing the petitioners, the order impugned was passed. 3. I have gone through Ext.P4 impugned order as well as Ext.P5 order passed during the last year. In fact, in the impugned order the very same Judge, who passed Ext.P5 order, has not given any good reason for adopting a separate time schedule than that was adopted in Ext.P5 order. The so called consensus or agreement is also not mentioned in the impugned order. However, having heard either side, I find that the dispute between the parties can be settled for the time being by making a small alteration in the order impugned. I find that the petitioners can be permitted to perform the religious sacraments O.P.(C) 1308/2010 3 and functions upto 01.00 a.m. on 25.12.2010 and they shall vacate the church premises within 15 minutes. The respondents are permitted to perform the sacraments from 1.30 a.m. to 7.30 a.m. on 25.12.2010. This time schedule shall be followed in coming years till the suit is disposed. The order impugned shall stand modified as above. The Original Petition is disposed of as above. (P.S.GOPINATHAN, JUDGE) ps