Kerala High Court
Mor Gregorios Kuriakose vs Malankara Suriyani Knanaya Samudayam on 21 May, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
OP(C) NO. 1025 OF 2024
IA 3/2024 IN CMP NO.42 OF 2024 OF DISTRICT COURT & SESSIONS
COURT,KOTTAYAM
PETITIONERS/PETITIONER/PLAINTIFFS:
1 MOR GREGORIOS KURIAKOSE, AGED 70 YEARS,
S/O. LATE THOMAS, REGIONAL METROPOLITAN,
KALLISSERY REGION OF MALANKARA SURIYANI KNANAYA
ARCH DIOCESE, BETHNEHERIN BISHOP'S HOUSE,
VALLAMKULAM, THIRUVALLA, PIN - 689541
2 MOR IVANIOS KURIAKOSE, AGED 59 YEARS,
S/O. LATE K.G. ABRAHAM, REGIONAL METROPOLITAN,
RANNI REGION OF MALANKARA SURIYANI KNANAYA ARCH
DIOCESE, URAHA BISHOP'S HOUSE, NEAR ST. THOMAS
VALIYAPALLI, ANGADI (P.O.), RANNI, PIN - 689674
BY ADVS. SRI JOSEPH KODIANTHARA,SR. COUNSEL,
JACOB P.ALEX, JOSEPH P.ALEX, MANU SANKAR P. AMAL
AMIR ALI
RESPONDENTS/RESPONDENT/DEFENDANTS:
1 MALANKARA SURIYANI KNANAYA SAMUDAYAM
MOR EPHRAIM SEMINARY, CHINGAVANAM (P.O.),
NATTAKOM VILLAGE, KOTTAYAM DISTRICT. PIN 686 531
REPRESENTED BY ITS : PRIEST TRUSTEE (PRESENTLY-
FR. M.C. ZACHARIAH MADURAMKOTTU, AGED ABOUT 60
YEARS, S/O. M.C. CHERIAN, MADURAMKOTTU HOUSE,
PAZHAVANGADI (P.O.), PAZHAVANGADI MURI,
PAZHAVANGADI VILLAGE) AND LAY TRUSTEE (PRESENTLY -
T.C. THOMAS THOPPIL, S/O. CHACKO THOPPIL, AGED
ABOUT 70 YEARS, THOPPIL HOUSE, ERAMALLIKKARA
(P.O.), THIRUVANVANDOOR, CHENGANNUR TALUK), PIN -
686531
2 MALANKARA SURIYANI KNANAYA ASSOCIATION
OP(C) No.1025/2024
-:2:-
MOR EPHRAIM SEMINARY, CHINGAVANAM (P.O.),
NATTAKOM VILLAGE, KOTTAYAM DISTRICT - 686 531,
REPRESENTED BY ITS PRESIDENT (PRESENTLY- FR. V.A.
ABRAHAM ELAYASSERIL, AGED ABOUT 75 YEARS, RESIDING
AT ELAYASSERY HOUSE, VALLAMKULAM (P.O.), NANNUR,
VALLAMKULAM WEST MURI, ERAVIPEROOR VILLAGE,
THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT)., PIN -
686531
3 MALANKARA SURIYANI KNANAYA COMMITTEE
MOR EPHRAIM SEMINARY, CHINGAVANAM (P.O.),
NATTAKOM VILLAGE, KOTTAYAM DISTRICT - 686 531,
REPRESENTED BY ITS SECRETARY (PRESENTLY- T.O.
ABRAHAM, AGED ABOUT 76 YEARS, S/O. KURUVILLA,
THOTTATHIL, THURUTHICADU (P.O.), KALLUPPARA
VILLAGE,, PIN - 689583
4 T.O. ABRAHAM
AGED 76 YEARS S/O. KURUVILLA, THOTTATHIL,
THURUTHICADU (P.O.), KALLUPPARA VILLAGE, PIN -
689 583 (SAMUDAYA SECRETARY, MALANKARA SURIYANI
KNANAYA SAMUDAYAM, MOR EPHRAIM SEMINARY,
CHINGAVANAM (P.O.), NATTAKOM VILLAGE, KOTTAYAM
DISTRICT, PIN - 686531
5 FR. V.A. ABRAHAM ELAYASSERIL
RESIDING AT ELAYASSERY HOUSE, VALLAMKULAM
(P.O.), NANNUR, VALLAMKULAM WEST MURI,
ERAVIPEROOR VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT (PRESIDENT, MALANKARA
SURIYANI KNANAYA ASSOCIATION, MOR EPHRAIM
SEMINARY, CHINGAVANAM (P.O.), NATTAKOM VILLAGE,
KOTTAYAM DISTRICT, PIN - 686531
6 H.G. MOR SEVERIOS KURIAKOSE
AGED 65 YEARS S/O. LATE ABRAHAM, METROPOLITAN,
MALANKARA SURIYANI KNANAYA SAMUDAYAM, MOR
EPHRAIM SEMINARY, CHINGAVANAM (P.O.), NATTAKOM
VILLAGE, KOTTAYAM DISTRICT. PIN 686 531., PIN -
686531
BY ADV.SRI. PAUL JACOB FOR R3 AND R4.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) No.1025/2024
-:3:-
J U D G M E N T
The petitioners instituted Ext.P12 suit before the
vacation court, Kottayam. The prayer in the suit, among
other things, was to restrain the respondents from discussing
certain proposed amendment covered by Ext.P10 to the
Samudayam Constitution that are allegedly far beyond the
scope and authority of the 2nd respondent.
2. Since there was caveat, the vacation court did not
pass any interim order. The case was numbered as O.S
No.204/2024 before the Regular Court, i.e the Munsiff's
Court, Kottayam (for short, 'the trial court).
3. It is submitted by the learned Senior Counsel,
Sri.Joseph Kodianthara, appearing for the petitioners that the
Munsiff's Court took up the matter on 18.05.2024, and
interim injunction application stands posted yesterday for
hearing. The learned Senior Counsel further submitted that
the meeting of the 2nd respondent-association is convened
today to consider the proposed amendment. If the
amendment is passed before considering the interim
injunction application, irreparable injury would be caused to
the petitioners.
4. Having heard the learned Senior Counsel appearing
for the petitioners, this Original Petition is disposed of as
follows:
a) The Munisiff's Court, Kottayam is directed to
dispose of Ext.P13 interim injunction application,
after hearing both sides, within a period of two
weeks, untrammelled by any of the observations
made in this judgment.
b) The trial court is directed to suo motu advance
hearing of Ext.P13.
c) The decision, if any, taken in today's meeting,
regarding the amendment shall not be
implemented by respondents 1 and 6, till Ext.P13
interim injunction application is finally disposed
of by the Munsiff's Court, and also, for a period
of two weeks thereafter.
d) It is made clear that the decision, if any, taken
in today's meeting shall be subject to the final
outcome of O.S No.204/2024.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
JS
APPENDIX OF OP(C) 1025/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE
SAMUDAYAM CONSTITUTION WITHOUT DECLARATIONS
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 15-03-2016 IN
OPC NO. 1761 OF 2015
Exhibit P3 TRUE COPY OF THE ORDER DATED 28-09-2017 IN RP
NO. 425 OF 2016 IN OPC NO. 1761 OF 2015
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 16-11-2017 IN
OPC NO. 1773 OF 2016
Exhibit P5 TRUE COPY OF THE BULL NO. EI. 82/19 ISSUED BY
THE PARTIARCH DATED 13.12.2019
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 16-11-2020 IN
CMA NO. 39 OF 2020 ON THE FILES OF ADDL.
DISTRICT COURT, KOTTAYAM
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 22-02-2022 IN
O.P (C) NO. 1796 OF 2020
Exhibit P8 TRUE COPY OF THE ORDER DATED 29-03-2022 IN
SLP NO. 4449 OF 2022 OF THE HON'BLE SUPREME
COURT OF INDIA
Exhibit P9 TRUE COPY OF THE NOTICE DATED 25-04-2024
ISSUED BY THE 4TH RESPONDENT WITH RESPECT TO
THE PROPOSED SPECIAL MEETING AT 10.30 AM ON
21-05-2024
Exhibit P10 TRUE COPY OF THE DRAFT AMENDMENTS TO THE
SAMUDAYAM CONSTITUTION PUBLISHED BY THE 4TH
RESPONDENT ALONG WITH EXHIBIT P9
Exhibit P11 TRUE COPY OF THE NOTICE DATED 25-04-2024
ISSUED BY THE 4TH RESPONDENT WITH RESPECT TO
THE PROPOSED ORDINARY MEETING AT 03.00 PM ON
21-05-2024
Exhibit P12 TRUE COPY OF THE PLAINT FILED AS CIV. MP
42/2024 OF THE VACATION COURT, KOTTAYAM
Exhibit P13 TRUE COPY OF THE IA NO. 3 OF 2024 IN CIV. MP
42/2024 OF THE VACATION COURT, KOTTAYAM
Exhibit P14 TRUE COPY OF THE RELEVANT PAGES OF THE E-
COURT PORTAL WITH RESPECT TO CIV. MP 42/2024
OF THE VACATION COURT, KOTTAYAM
