Kerala High Court
Nixon K.K vs St. Francis Assissi Church on 28 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
RP NO. 492 OF 2024
AGAINST THE JUDGMENT IN WP(C) NO.3055 OF 2024 DATED 26.03.2024
REVIEW PETITIONERS:
1 NIXON K.K., AGED 49 YEARS, S/O KUNJU KUNJU,
KARIVELIL HOUSE, NEAR T.V.CENTRE, KAKKANAD,
ERNAKULAM, PIN - 682037
2 DILIP.K, AGED 69 YEARS, S/O KOCHU ANTONY,
PANANGADAN HOUSE, THUTHIYOOR ROAD, CSEZ PO,
KAKKANAD, ERNAKULAM, PIN - 682037
3 SIJOYED, AGED 46 YEARS, S/O FRANCIS, AZHEEPARAMBIL
HOUSE, NILAMPATHINJAMUGHAL, RAJAGIRI VALLEY PO,
ERNAKULAM, PIN - 683039
4 BYJU C.J., AGED 43 YEARS, S/O C.J. JOSE, PARAYIL
HOUSE, NILAMPATHINJAMUGHAL, RAJAGIRI VALLEY PO,
ERNAKULAM, PIN - 683039
5 ANNA DILEEP, AGED 66 YEARS, D/O M.P. JOLLY,
PANANGADAN HOUSE, THUTHIYOOR ROAD, CSEZ PO,
ERNAKULAM, PIN - 682037
6 VALSAN C.A., AGED 57 YEARS, S/O ANTONY, CHIRAMEL
HOUSE, POYYACHIRA, KAKKANAD, ERNAKULAM, PIN - 682030
7 ANTONY VARGHESE, AGED 50 YEARS, S/O VARGHESE,
ALCHIRA HOUSE, KAKKANAD, ATHANI, KUSUMAGIRI PO,
ERNAKULAM, PIN - 682030
BY ADVS.
P.RAMAKRISHNAN
PREETHI RAMAKRISHNAN (P-212)
C.ANIL KUMAR
PRATAP ABRAHAM VARGHESE
GOKUL KRISHNA
MANOJKUMAR G.
ASHOK MENON
RP 492/24
2
RESPONDENTS:
1 ST. FRANCIS ASSISSI CHURCH, INFOPARK ROAD,
KAKKANAD P.O., ERNAKULAM, REPRESENTED BY ITS
PRESENT VICAR FR. ANTONY MANKURIYIL,
S/O M.K. THOMAS, PIN - 682030
2 FR. ANTONY MANKURIYIL, S/O M.K.THOMAS, VICAR,
ST. FRANCIS ASSISSI CHURCH, INFOPARK ROAD,
KAKKANAD P.O. AND RESIDING AT VICARS ROOM AT
ST. FRANCIS ASSISSI CHURCH, INFOPARK ROAD,
KAKKANAD VILLAGE, KANAYANOOR TALUK, KAKKANAD,
ERNAKULAM, PIN - 682030
3 STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL
CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695001
4 COMMISSIONER OF POLICE, OFFICE OF THE
COMMISSIONER OF POLICE, PARK VIEW, MARINE
DRIVE, ERNAKULAM, PIN - 682011
5 DEPUTY COMMISSIONER OF POLICE, ERNAKULAM CITY
OFFICE OF DEPUTY COMMISSIONER OF POLICE, REVENUE
TOWER, OPPOSITE CHILDRENS' PARK, ERNAKULAM,
PIN - 682011
6 ASST.COMMISSIONER OF POLICE, THRIKKAKARA
OFFICE OF THE ASST.COMMISSIONER OF POLICE
THRIKKAKARA, KAKKANAD, KERALA, PIN - 682021
7 STATION HOUSE OFFICER, INFOPARK POLICE STATION,
KAKKANAD, ERNAKULAM, PIN - 682030
8 A.P.GEORGE, S/O. PAILY, RESIDING AT 1A JUPITER,
TRINITY WORLD, CHITTETHUKARA, KAKKANAD VILLAGE,
KANAYANOOR TALUK, KAKKANAD, ERNAKULAM,
PIN - 682037
9 JOLLY CYRIAC, PODIMATTAM HOUSE, PRATHIPHA LAYOUT,
KUSUMAGIRI P.O., ERNAKULAM, PIN - 682030
10 RIJO JACOB, THALIYATH HOUSE, NEAR T.V CENTRE,
CSEZ P.O, KAKKANAD, ERNAKULAM, PIN - 682037
11 NELSON K.K., KARIVELIL HOUSE, NEAR T.V CENTRE,
KAKKANAD, ERNAKULAM, PIN - 682037
RP 492/24
3
12 SHEELA THOMAS, VALLAIARA HOUSE, PALLATHUPADI,
THENGOD, KAKKANAD, KAKKANAD, ERNAKULAM,
PIN - 682030
13 LISY JOY, KANNAMKUTTIYALIL HOUSE, EACHAMUKKE,
CSEZ P.O, KAKKANAD, ERNAKULAM, PIN - 682037
14 BABU ABRAHAM, KOLLASSERIYIL HOUSE, MIG - 74,
SURABHI NAGAR, KAKKANAD, ERNAKULAM, PIN - 682030
15 JOSEPH M. KURUVILA (TOMY), MOZHOR HOUSE,
KUSUAMAGIRI P.O, ATHANI, KAKKANAD, ERNAKULAM,
PIN - 683585
16 P.J. JOSEPH, POTHANAMALAYIL HOUSE, MRA - 116 -
MAVELIPURAM, KAKKANAD, ERNAKULAM, PIN - 682030
17 SHAJU N.T., NEELANKAVIL HOUSE - VILLA NO. 22,
KENT PALM VILLAS, ATHANI, KAKKANAD P.O.,
ERNAKULAM,, PIN - 682030
18 LINEESH THOMAS, NELLIKHAPILLY HOUSE, NEAR T.V
CENTRE, CSEZ P.O., ERNAKULAM, PIN - 682037
19 JOHN THEKKEKALAM, THEKKEKALAM HOUSE, ECHAMUKKU,
CSEZ P.O., ERNAKULAM, PIN - 682037
20 ROY MENACHERRY, MENACHERRY HOUSE, NETHAJI ROAD,
S. VAZHAKKALA VEST, KAKKANAD P.O., ERNAKULAM,
PIN - 682030
21 MATHEW PHILIP, S/O PHILIP, PANACHIPURAM HOUSE,
KK RRA 87, K.K. ROAD, CHEMBUMUKKU, THRIKKAKKARA,
PIN - 682021
22 JIJO P. JOHN, S/O JOHN, PAINUNGAL HOUSE,
VAZHAKALA, THRIKKAKARA, PIN - 682021
23 REJI VARGHESE, S/O. EAPEN VARGHESE, ELAMATHA,
B1C, HEERA, VASTHUGRAM VILLAS, RAJAGIRI VALLEY
P.O,, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682039
24 JOSE MATHEW @ JOEMON, S/O. MATHEW, CHEMPOTHUMKARA
HOUSE, 4E, BLUE BRICKS APARTMENTS, KAKKANAD P.0.,
ERNAKULAM DISTRICT, PIN - 682030
RP 492/24
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BY ADVS.
SRI. M.RAMESH CHANDER (SR.)
SRI. GOVIND G. NAIR
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP 492/24
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O R D E R
This petition, seeking review of the judgment dated
26.03.2024, has been impelled asserting that the directions of this
Court are being misinterpreted by the respondents to the effect
that the 2nd writ petitioner can conduct the rituals in any manner
he pleases.
2. Sri.P.Ramakrishnan - learned counsel for the
petitioners, submitted that, though this Court was cautious enough
to leave open all internecine disputes, an impression is now being
sought to be spread by the writ petitioners that the second among
them is authorised by this Court to conduct the rituals in any
manner he chooses. He, therefore, prayed that this be clarified and
the judgment be reviewed to such extent.
3. However, Sri.M.Ramesh Chand, learned Senior Counsel
instructed by Sri.Govind G. Nair - learned counsel for the
respondents, submitted that, as evident from the judgment itself,
he had only made an undertaking on behalf of his client that the
latter will follow the dictates of His Holiness the 'Holy See' and
that all rituals will be performed only in such manner. He
submitted that the present attempt of the petitioners is to bring
into focus and contest the instructions of His Holiness the 'Holy
See' and argued that this is impermissible because, such are
beyond the scope of this Writ Petition.
4. I have no doubt that the afore submissions of
Sri.Ramesh Chand carries weight. This is because, this Court had
been very careful not to enter into the merits of the rival
contentions, especially as to the manner in which the rituals are to
be held, or qua the instructions/directions issued by His Holiness
the 'Holy See'. This Court has only recorded the submissions on
behalf of the second writ petitioner that he will act as per the
dictates of His Holiness the 'Holy See' and that rituals will also be
performed in such manner. After recording so, I had left open all
internecine disputes between the parties; and this obviously, takes
into account even that which is sought to be projected by the
petitioners now.
5. Indubitably, the remedy of the petitioners is not before
this Court, but before other alternative Forums, which certainly
may be available to them as per law.
With the afore clarification, this Review Petition is closed.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
