Georgy K Mathews vs State Of Kerala
2024 Latest Caselaw 10489 Ker

Kerala High Court

Georgy K Mathews vs State Of Kerala on 11 April, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                        WP(C) NO. 30920 OF 2019
PETITIONER/S:

          GEORGY K MATHEWS, AGED 37 YEARS
          S/O MATHEWS K GEORGE,KANDATHIL PHILIP BHAVAN,
           PANDANAD WEST.P.O,CHENGANNUR,ALLEPPY DISTRICT, PIN-
          689506.
          BY ADVS.
          T.K.RAJESHKUMAR
          KUM.APARNA SOMARAJAN


RESPONDENT/S:
     1     STATE OF KERALA
           REPRESENTED B ITS CHIEF SECRETARY,
           SECRETARIAT,THIRUVANANTHAPURAM,KERALA-695001.
     2     MALANKARA MAR THOMA SYRIAN SABHA,
           CENTRAL OFFICE,SCS COMPOUND,THIRUVALLA, PIN-
           689101,REPRESENTED BY MAR THOMA METROPOLITIAN SYRIAN
           SABHA,CENTRAL OFFICE,THIRUVALLA,PATHANAMTHITTA-689101.
     3     THE METROPOLITIAN,
           THE MALANKARA MAR THOMA,SYRIAN SABH CENTRAL OFFICE,
           SCS,COMPOUND,THIRUVALLA, PATHANAMTHITTA-689101.
     4     THE MALANKARA MAR THOMA,
           CHENGANNUR DIOCESAN BISHOP,OLIVET ARAMANA THITTAMEL
           CHENGANNUR-689121.
     5     THE EPISCOPAL SYNOD,
           THE MALANKARA MAR THOMA,SYRIAN SABHA CENTRAL OFFICE,SCS
           COMPOUND,THIRUVALLA, REPRESENTED BY THE METROPOLITIAN,
           THE MALANKARA MAR THOMA SYRIAN SABHA CENTRAL OFFICE,
           THRIUVALLA,PATHANAMTHITTA-689101.
           BY ADVS.
           GEORGE CHERIAN (SR.)
           K.S.SANTHI
           LATHA SUSAN CHERIAN
           ALEXY AUGUSTINE
           GEORGE A.CHERIAN

          SRI. VENUGOPAL V (GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30920 OF 2019                   2



                                   JUDGMENT

When this writ petition is taken up for consideration today,

it is not disputed before me that there are civil disputes pending

between the petitioner and the private respondents. It is

appropriate that, in the nature of the issues raised in the writ

petition, these disputes are to be adjudicated by a civil court.

Accordingly, this writ petition is closed, reserving liberty of

the petitioner to raise all contentions before the competent civil

court either in pending proceedings or in fresh proceedings.

Sd/-

GOPINATH P. JUDGE ajt

APPENDIX OF WP(C) 30920/2019

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE COMMISSION REPORT DATED 22.07.2011 EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 10.09.2012 OF THE MUNSIFF COURT,CHENGANNUR IN O.S.NO.249 OF 2011 IN I.A.N0.1162/2011 EXHIBIT P3 A TRUE COPY OF THE LETTER DATED 20.06.2016 EXHIBIT P4 TRUE COPY OF THE CONSTITUTION OF THE MAR THOMA CHURCH GUIDING THE GENERAL ADMINISTRATION AND EPISCOPAL SYNOD. RESPONDENT EXHIBITS Exhibit R3 (a) TRUE COPY OF PLAINT OS NO.124/2021 BEFORE MUNSIFF COURT, CHENGANNUR Exhibit R3 (b) TRUE COPY OF APPLICATION FILED BY THE PETITIONER DATED 13/8/2019 AS IA. 1322/19 IN OS.90/19 BEFORE THE MUNSIFF COURT, CHENGANNUR Exhibit R3 (c) TRUE COPY OF THE JUDGMENT IN FAO NO.41/19 DATED 2/8/2021