Kerala High Court
P. George Varghese vs The District Educational Officer on 7 January, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 7TH DAY OF JANUARY 2025 / 17TH POUSHA, 1946
WP(C) NO. 16457 OF 2014
PETITIONER:
P.GEORGE VARGHESE
MANAGER, SAINT IGNETIOUS VHSS,
KANJIRAMATTOM-686 585.
BY ADVS.
SRI.P.RAVINDRAN (SR.)
SRI.N.RAGHURAJ (SR.)
SRI.M.R.SABU
RESPONDENTS:
1 FR.JOSHY MATHEW
VICAR, ST.IGNETIOUS ORTHODOX/JACOBITS CYRIAN
CHURCH, KANJIRAMATTOM - 686 585.
2 THE DISTRICT EDUCATIONAL OFFICER,
ERNAKULAM - 682 030.
3 STATE OF KERARLA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL
EDUCATION (H), SECRETARIAT,
THIRUVANANTHAPURAM- 695 001.
ADDL.R4 FR.MATHEW PULIMOOTIL COR-EPISCOPA,
AGED 85 YEARS
S/O.PURAVATHU, VICAR,
ST.IGNATIOUS ORTHODOX SYRIAN CHURCH, KANJIRAMATTOM,
ERNAKULAM DISTRICT - 682 315.
*(IS IMPLEADED AS PER ORDER DATED 14.07.2014 IN
I.A.NO.8979/2014)
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
2
ADDL.R5 PETER N.CHACKO,
S/O.CHACKO, RESIDING AT NEDUMUTTATHIL HOUSE,
CHETHIKKODE PO, KANJIRAMATTOM, ERNAKULAM DISTRICT.
*(IS IMPLEADED AS PER ORDER DATED 14.07.2014 IN IA
NO.9180/2014.
BY ADVS.
SRI.K.J.KURIACHAN
SMT.S.L.SYLAJA,GOVERNMENT PLEADER
SRI.K.JAJU BABU (SR.)
SMT.M.U.VIJAYALAKSHMI
SRI.BRIJESH MOHAN
SRI.G.SREEKUMAR CHELUR
SRI.SUNIL JACOB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18.01.2024, ALONG WITH WP(C).17731/2020 AND CONNECTED
CASES, THE COURT ON 7.1.2025 DELIVERED THE FOLLOWING:
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 7TH DAY OF JANUARY 2025 / 17TH POUSHA, 1946
WP(C) NO. 2719 OF 2016
PETITIONER:
P.GEORGE VARGHESE
MANAGER, SAINT IGNATIUS VHSS, KANJIRAMATTOM,
ERNAKULAM DISTRICT - 682 315.
BY ADVS.
SRI.P.RAVINDRAN (SR.)
SRI.N.RAGHURAJ (SR.)
SRI.M.R.SABU
RESPONDENTS:
1 THE DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT EDUCATIONAL OFFICER
ERNAKULAM - 682 030.
3 FR.JOSHY MATHEW CHITLETH
CHAIRMAN, SAINT IGNATIUS VHSS MANAGING COMMITTEE,
KANJIRAMATTOM, ERNAKULAM DISTRICT - 682 315.
4 ST.IGNATIUS ORTHODOX/JACOBITE SYRIAN CHURCH
KANJIRAMATTOM, ERNAKULAM DISTRICT - 682 315,
REPRESENTED BY ITS VICAR FR.JOSHY MATHEW CHITLETH.
5 SRI PETER N.CHACKO
NEDUMATTATHIL HOUSE, CHETHIKKODE PO.,
KANJIRAMATTOM, ERNAKULAM DISTRICT - 682 315.
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
4
ADDL.R6 FR.MATHEW PULIMOOTTIL
COR-EPISCOPA,AGED 88, S/O.LATE PURAVATH,
PULIMOOTTIL HOUSE, KANJIRAMATTOM PO., ERNAKULAM
DISTRICT - 682 315., VICAR, ST.IGNATIUS ORTHODOX
SYRIAN CHURCH, KANJIRAMATTOM.
(IS IMPLEADED AS ADDL.R6 AS PER ORDER DATED
05.02.2016 IN I.A.NO.1439/16)
ADDL.R7 IMPLEADED
ADDL.R7 MADHU, S/O JOSEPH KURIAN, AGED 54 YEARS, RESIDING
AT KANIYAMPARAMBIL HOUSE, AMBALLLOOR, ERNAKULAM
DISTRICT, PIN 682 315.
(ADDITIONAL RESPONDENT NO.7 IS IMPLEADED AS PER
ORDER DATED 7.1.2025 IN 1/2019 IN WPC.2719/2016)
BY ADVS.
SMT.S.L.SYLAJA,GOVERNMENT PLEADER
SRI.K.JAJU BABU (SR.)
SRI.K.J.KURIACHAN
SRI.P.MARTIN JOSE
SRI.A.L.GEORGE
SRI.SAJI VARGHESE KAKKATTUMATTATHIL
SRI.SUNIL JACOB
SMT.M.U.VIJAYALAKSHMI
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
SRI.HARIKRISHNAN S.
SRI.R.GITHESH
SRI.S.SREEKUMAR (SR.)
SRI.AJAY BEN JOSE
SRI.MANJUNATH MENON
SRI.SACHIN JACOB AMBAT
MS.ANNA LINDA EDEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.01.2024, ALONG WITH WP(C.17731/2020 AND CONNECTED CASES,
THE COURT ON 7.1.2025 THE FOLLOWING:
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 7TH DAY OF JANUARY 2025 / 17TH POUSHA, 1946
WP(C) NO. 15943 OF 2020
PETITIONER:
PETER N CHACKO
NEDUMATTATHIL HOUSE, AMBALLUR,
KANJIRAMATTAM, ERNAKULAM - 682315.
BY ADVS.
SRI GEORGE THOMAS MEVADA (SR.)
SMT.MARIYA TITTY
SMT.SOUMIYA.C.D
RESPONDENTS:
1 THE DISTRICT EDUCATIONAL OFFICER
ERNAKULAM, OFFICE OF THE DISTRICT EDUCATIONAL
OFFICER, ERNAKULAM - 682011.
ADDL.R2 P.GEORGE VARGHESE
MANAGER, SAINT IGNATIUS VHSS, KANJIRAMATTOM,
ERNAKULAM DISTRICT- 682 315
(THE ADDITIONAL RESPONDENT NO.2 IS IMPLEADED AS PER
THE ORDER DATED 26.11.2020 IN I.A. NO.01/2020 IN
WP(C) 15943/2020(P))
BY ADVS
SMT.S.L.SYLAJA,GOVERNMENT PLEADER
SRI P.RAVINDRAN (SR.)
SRI N.RAGHURAJ (SR.)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.01.2024, ALONG WITH WP(C).17731/2020 AND CONNECTED
CASES, THE COURT ON 7.1.2025 DELIVERED THE FOLLOWING:
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 7TH DAY OF JANUARY 2025 / 17TH POUSHA, 1946
WP(C) NO. 17731 OF 2020
PETITIONER:
P. GEORGE VARGHESE
MANAGER, SAINT IGNATIUS VHSS, KANJIRAMATTOM,
ERNAKULAM DISTRICT - 682 315.
BY ADVS.
N.RAGHURAJ (SR.)
SHRI.SREEKUMAR S
RESPONDENTS:
1 THE DISTRICT EDUCATIONAL OFFICER
ERNAKULAM - 682 030.
2 ST. IGNATIUS ORTHODOX SYRIAN CHURCH
KANJIRAMATTOM, ERNAKULAM DISTRICT - 682 315,
REPRESENTED BY ITS VICAR.
3 SRI.PETER N. CHACKO
NEDUMATTATHIL HOUSE, CHETHIKKODE P. O.,
KANJIRAMATTOM, ERNAKULAM DISTRICT - 682 315.
4 REV. FR. MATHEW PULIMOOTTIL
COR EPISCOPA VICAR, ST. IGNATIUS ORTHODOX SYRIAN
CHURCH, KANJIRAMATTOM, ERNAKULAM DISTRICT - 682
315.
ADDL.R5 FR.JOHN ZACHARIAH
S/O.ZACHARIAH, KANJIRAMATTOM, ERNAKULAM VICAR,
ST.IGNATIOUS ORTHODOX SYRIAN CHURCH,
KANJIRAMATTOM,PIN-682315
(IS IMPLEADED AS ADDITIONAL R5 AS PER ORDER DATED
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
7
18.1.2024 IN I.A.2/2023 AT W.P(C).No.17731 OF 2020)
BY ADVS.
SMT.S.L.SHYLAJA, GOVERNMENT PLEADER
SRI.P.RAVINDRAN (SR.)
SRI.S.SREEKUMAR (SR.)
SRI.GEORGE THOMAS (MEVADA)(SR.)
SRI.P.P.JACOB
P.MARTIN JOSE
SRI.N.RAGHURAJ (SR.)
SMT. SOUMIYA.C.D
SRI.THOMAS P.KURUVILLA
SRI.AJAY BEN JOSE
SRI.R.GITHESH
SMT.HANI P.NAIR
SHRI.ELDHO CHERIAN
SHRI.HARIKRISHNAN S.
SRI.MANJUNATH MENON
MS.ANNA LINDA EDEN
SRI P.PRIJITH
SRI SACHIN JACOB AMBAT
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.01.2024, ALONG WITH WP(C)16457/2014 AND CONNECTED CASES,
THE COURT ON 7.1.2025 DELIVERED THE FOLLOWING:
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 7TH DAY OF JANUARY 2025 / 17TH POUSHA, 1946
WP(C) NO. 704 OF 2021
PETITIONERS:
1 FR.MATHEW PULIMOOTTIL,COR-EPISCOPA,
AGED 88 YEARS
S/O LATE PURAVATH, PULIMOOTTIL HOUSE, KANJIRAMATTOM
P O, ERNAKULAM DISTRICT, PIN-682315.
2 ST IGNATIUS VOCATIONAL AND HIGHER SECONDARY SCHOOL
KANJIRAMATTOM, ERNAKULAM, PIN-682315 REPRESENTED BY
FR. MATHEW PULIMOOTIL, COR-EPISCOPA, CHAIRMAN OF
MANAGING COMMITTEE OF ST.IGNATIOUS VOCATIONAL AND
HIGHER SECONDARY SCHOOL.
3 ST.IGNATIOUS ORHTODOX SYRIAN CHURCH
KANJIRAMATTOM, REPRESENTED BY ITS VICAR, FR. A J
ABRAHAM, AGED 46 YEARS, S/O A T JACOB,
KANJIRAMATTOM, ERNAKULAM, PIN-682315.
BY ADVS.
SRI.S.SREEKUMAR (SR.)
SRI.MARTIN JOSE
SRI.ELDHO CHERIAN
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
SRI.R.GITHESH
SMT.HANI P.NAIR
SRI.AJAY BEN JOSE
SRI.MANJUNATH MENON
SRI.SACHIN JACOB AMBAT
SMT.ANNA LINDA EDEN
SRI.HARIKRISHNAN S.
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
9
RESPONDENTS:
1 THE DISTRICT EDUCATIONAL OFFICER
ERNAKULAM, OFFICE OF THE DISTRICT EDUCATIONAL
OFFICER, ERNAKULAM-6382011.
2 SHRI P GEORGE VARGHESE
AGED 52 YEARS
S/O MATHEW GEORGE, RESIDING AT PANDIYAMYALIL HOUSE,
KANJIRAMATOM-682315.
BY ADVS.
SMT.S.L.SYLAJA,GOVERNMENT PLEADER
SRI N. RAGHURAJ (SR.)
MS.SAYUJYA
SRI VIVEK MENON
RANCE R.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.01.2024, ALONG WITH WP(C).17731/2020 AND CONNECTED CASES,
THE COURT ON 7.1.2025 DELIVERED THE FOLLOWING:
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
10
T.R. RAVI, J.
--------------------------------------------
W.P.(C)Nos.16457 of 2014, 2719 of 2016,
15943 of 2020, 17731 of 2020 & 704 of 2021
--------------------------------------------
Dated this the 7th day of January, 2025
JUDGMENT
The issues involved in all these writ petitions are intrinsically
connected and the writ petitions are hence heard and disposed of
together. WP(C) Nos.16457 of 2014, 2719 of 2016, and 17731 of
2020 are all filed by one Sri. P. George Varghese. The issue relates
to the management of the St.Ignatius Vocational Higher Secondary
School, Kanjiramattom, which is under the ownership and
management of St.Ignatius Orthodox Syrian Church,
Kanjiramattom. Sri.George Varghese was appointed as Manager of
the School for a period of 5 years in a meeting of the general body
of the Parishioners held on 11.04.2010. The appointment was
approved by the Educational Authorities. The approval was to
continue till 20.08.2015.
2. There have been disputes regarding the management of
affairs of the Church and the Educational Institutions for the past
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
several years. The issues began sometime in 1977 when
O.S.No.163/1977 was filed before the 1st Additional District Court,
Ernakulam. The appointment of Sri.George Varghese, as Manager,
was during the pendency of the said proceedings. There was
another suit, O.S.No.2/1986, filed for declaration of the right for
the administration of the Church, which was dismissed. In the said
suit, there had been interim orders for the conduct of election to
the Church committee in the presence of an Advocate
Commissioner, which had been challenged in C.R.P.No.315 of 2002
before this Court. The Civil Revision Petition was dismissed on
15.03.2010. It appears that WP(C) No.12791 of 2010 had also
been filed challenging the very same order, in which there was an
order of stay of operation of the interim order. It is stated that the
order was not communicated, and hence, an election to the Church
Committee was held on 11.04.2010, pursuant to which Sri.George
Varghese was appointed as the Manager. WP(C) No.12791 of 2010
was also dismissed on 17.08.2010. The order of approval of the
appointment of Sri.George Varghese has been produced as Ext.P1
in WP(C) No.2719 of 2016. The appointment of Sri George
Varghese was challenged by one Sri.Peter N. Chacko who is the
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
petitioner in W.P.(C)No.15943 of 2020. The Director of Public
Instructions dismissed the appeal filed by Sri Peter N. Chacko on
01.04.2011 as per Ext.P2 order produced in WP(C) No.2719 of
2016. Sri Peter N. Chacko challenged Ext.P2 order by filing a
revision before the Government, which was also dismissed by
Ext.P3 order dated 30.04.2012. Peter N. Chacko filed WP(C)
No.15726 of 2012 challenging the orders Exts.P1 to P3 and by
judgment dated 10.04.2013, the writ petition was dismissed by a
learned Single Judge. The judgment of the learned Single Judge
was challenged in W.A.No.1011 of 2013 and the Division Bench
declined to interfere with the judgment and the order of
appointment of Sri.George Varghese by Ext.P5 judgment produced
in W.P.(C)No.16457 of 2014. The Division Bench, however, took
note of the strife between the Parishioners and observed that if the
Church cannot find a manager of its choice in accordance with the
approved scheme, it would be open to the statutory authorities to
consider other appropriate means within the framework of the
Kerala Education Act and Rules. After the judgment of the Division
Bench, the District Educational Officer, Ernakulam issued a notice
on 24.06.2024 directing the Church to elect a new Manager in
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
accordance with the approved scheme within 15 days. The said
notice is produced as Ext.P6 in W.P.(C)No.16457 of 2014. Ext.P6
was challenged by Sri.George Varghese in WP(C) No.16457 of 2014
and this Court stayed further proceedings pursuant to Ext.P6 notice
by an interim order on 27.06.2014. The copy of the interim order
has been produced as Ext.P7 in WP(C) No.2719 of 2016 .
Sri.George Varghese challenged Ext.P5 judgment in S.L.P.No.16097
of 2014. The Hon'ble Supreme Court issued an interim order on
18.07.2014 staying the judgment and order passed by the High
Court till 20.08.2015, which was one day after the expiry of the
term of Sri.George Varghese as Manager.
3. While so, the 3rd respondent in WP(C) No.2719 of 2016,
who is the Vicar of the Church took steps to convene a General
Body Meeting of the Parishioners to elect a new Managing
Committee of the School in terms of the approved scheme. It is
stated that notices were published in the Church and the School
premises, notifying the date of the General Body Meeting as
17.05.2015. The true copy of the notice has been produced as
Ext.P9 in WP(C) No.2719 of 2016. A copy of the notice was also
published in the Mathrubhumi Daily dated 15.05.2015, and a true
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
copy of the said publication has been produced as Ext.P10. It is
submitted that, Sri.George Varghese was appointed for a second
term as Manager, at the meeting held on 17.05.2015. The
appointment was approved by the District Educational Officer by
Ext.P11 order dated 23.05.2015, with effect from 19.05.2015.
Sri.George Varghese placed the details of the subsequent events
before the Hon'ble Supreme Court, and by Ext.P13 order, the
Hon'ble Supreme Court closed the SLP as infructuous, opining that
nothing survives in the petition for consideration and decision.
Thereafter on 03.10.2015, the Director of Public Instructions issued
a notice to Sri.George Varghese and others directing them to
appear for a hearing on a representation submitted by Sri.Peter N.
Chacko. The said notice has been produced as Ext.P14. The date
for the hearing was fixed as 28.10.2015. The representation of
Sri.Peter N. Chacko is seen dated 03.09.2015. Sri. George
Varghese contends that he appeared for the hearing and submitted
argument notes. However, by Ext.P16 order dated 04.01.2016, the
Additional Director of Public Instructions cancelled the appointment
of Sri.George Varghese as Manager and directed to receive an
application from the 5th respondent Sri Peter N. Chacko and
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
approve the same. Ext.P16 says that the appointment of
Sri.George Varghese as Manager, a day before the expiry of the
earlier term is premature, and hence not in order, and against the
provisions of the KER and the approved scheme of the Educational
Institution. Apart from the above reason, it is also stated that in
the records of the State Educational Department, there is no
educational agency by the name of St.Ignatius Orthodox
Syrian/Jacobite Church, and the respondent in W.A.No.1011 of
2013 was the St.Ignatius Orthodox Syrian Church, Kanjiramattom.
It is also observed that there is no application for a change of name
of the educational agency. WP(C) No.2719 of 2016 was filed
challenging Ext.P16 order. On 22.01.2016, this Court admitted the
writ petition and stayed the operation of Ext.P16 order. While the
above two writ petitions were pending before this Court, Sri.Peter
N. Chacko filed WP(C) No.15943 of 2020, praying for a direction to
the District Educational Officer to consider and dispose of a
proposal for change of management of the school, which had been
preferred on 14.07.2020. The contention is that, Sri.Peter N.
Chacko was elected as Manager of the School, and the Vicar of the
Church forwarded the proposal requesting approval of the
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
appointment. It is also contended that in view of the declaration of
this Court in R.F.A.No.427 of 2003, there can be no other claimant
other than Sri.Peter N. Chacko for the post of Manager. In the said
writ petition, it is contended that the term of the existing Manager
was over on 18.05.2020. The writ petition was initially disposed of
by judgment dated 05.08.2020 directing consideration of the
proposal within 60 days from the date of receipt of a copy of the
judgment. However, the judgment was recalled as per the order
dated 01.10.2020 in R.P.No.694 of 2020. The writ petition was
thereafter posted along with other connected cases. On
24.08.2020, Sri.George Varghese filed WP(C) No.17731 of 2020
challenging an order dated 12.08.2020, which had been issued in
the meanwhile. The order dated 12.08.2020 is produced as
Ext.P16 in WP(C) No.17731 of 2020. The order directs the
production of certain documents for the purpose of considering the
approval of Sri.Peter N. Chacko as Manager of the School. By
interim order dated 25.08.2020, further proceedings pursuant to
the order/notice dated 12.08.2020 were stayed by this Court.
4. While the above 4 writ petitions were pending, WP(C)
No.704 of 2021 was filed by the Vicar of St.Ignatius Orthodox
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
Syrian Church, Kanjiramattom, and the Chairman and Managing
Committee of St. Ignatius Vocational Higher Secondary School in
his personal capacity as well as the representative of School. The
respondents in the writ petition are the District Educational Officer
and Sri.George Varghese. The prayer in the writ petition is to
quash Ext.P9 order and to consider and pass orders on Ext.P7
produced along with the said writ petition. Ext.P9 order in the said
writ petition is the order dated 18.11.2020 by which the application
that was submitted for approving the managership of Sri.Peter N.
Chacko was returned, directing the production of documents
relating to the disputes pending between the parties in the courts.
5. WP(C) No.704 of 2021 was filed on 08.01.2021. On
06.02.2021 orders were issued by the 1 st Additional District Court,
Ernakulam in E.A.No.780 of 2020 in E.P.No.565 of 2020 in
O.S.No.163 of 1977, whereby the District Educational Officer was
directed to approve the change of management of St.Ignatius
Vocational Higher Secondary School based on the application made
by Sri.Peter N. Chacko and others and restraining Sri.George
Varghese from functioning as Manager of the School. The said
order was challenged in O.P.(C) No.446 of 2021 before this Court,
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
and this Court directed the parties to maintain the status quo with
respect to the managership of St.Ignatius Higher Secondary
School, Kanjiramattom. Sri.George Varghese and others had filed
CRP No.81 of 2021 challenging the common order dated
06.02.2021 in E.P.No.565 of 2020 in O.S.No.163 of 1977. A
learned Single Judge of this Court by judgment dated 13.07.2021
disposed of the original petition and the C.R.P. The Civil Revision
Petition was allowed, setting aside the common order dated
06.02.2021 in E.P.No.565 of 2020 in O.S.No.163 of 1977, and the
execution petition itself was dismissed as not maintainable. The
Court found that in O.S.No.163 of 1977, the decree was only to the
extent of declaring that the 1st defendant Church should be
administered in all matters of religious worship and administration
of assets as per the 1934 Constitution and there is no decree for
any consequential mandatory or prohibitory injunction.
6. Heard Sri P. Ravindran, Senior Advocate and
Sri N.Raghuraj, Senior Advocate, instructed by Sri M.R.Sabu on
behalf of the petitioner in W.P.(C)Nos.16457 of 2014, 2719 of 2016
and 17731 of 2020 and for the 2 nd respondent in W.P.(C)Nos.15943
of 2020 and 704 of 2021, Sri George Thomas Mevada, Senior
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
Advocate instructed by Smt.Soumya C.D. on behalf of the
petitioner in W.P(C)No.15943 of 2020, for the 5th respondent in
W.P.(C)No.2719 of 2016, and for the 3 rd respondent in W.P.
(C)No.17731 of 2020, Sri Sreekumar G. (Chelur) for the additional
4th respondent in W.P.(C)No.16457 of 2014, Sri Jaju Babu, Senior
Advocate, instructed by Sri Brijesh Mohan for the additional 5 th
respondent in W.P.(C)No.16457 of 2014 and for the 5 th respondent
in W.P.(C)No.2719 of 2016, Sri S. Sreekumar, Senior Advocate
instructed by Sri P. Martin Jose on behalf of the petitioner in W.P.
(C)No.704 of 2021, for respondents 4 and 5 in W.P.(C)No.17731 of
2020 and for the additional 6 th respondent in W.P.(C)No.2719 of
2016, Sri A.L.George for the additional 7 th respondent in W.P.
(C)o.2719/2016, and Smt.S.L.Shylaja, Government Pleader for the
official respondents.
7. Sri P. Ravindran, Senior Counsel, argued that Ext.P6
notice in W.P.(C)No.16457 of 2014 sent on 24.6.2014 by the
District Educational Officer was totally without any jurisdiction. As
per Ext.P6, the District Educational Officer had directed the church
and Sri P. George Varghese and Sri Peter N.Chacko who are the
contesting respondents for the post of Manager, to elect the new
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
Manager in accordance with an approved scheme and submit the
proposal for approval. It is submitted that the said notice was
issued when Sri George Varghese was continuing as Manager based
on an election held on 11.04.2010 which was valid for five years.
It is contended that the Educational Officers do not have any
authority to order re-election. Since the term of office of Sri
George Varghese, pursuant to the election held in 2010, is already
over, the issue has become purely academic. This is also in view of
the subsequent events that have happened, which resulted in the
fresh appointment of Sri P.Geroge Varghese for a subsequent term.
All that needs to be said is that the Senior Counsel is justified in the
argument that the educational authorities do not have the power to
order a re-election and such matters are to be decided by a
competent civil court.
8. Regarding W.P.(C)No.2719 of 2016, the Senior Counsel
submitted that the order Ext.P16, which has been challenged in the
writ petition, has been issued on a representation submitted by
Sri Peter N.Chacko and is not an order in a statutory appeal filed
under the Kerala Education Rules. It is hence submitted that the
Additional Director of Public Instruction has no jurisdiction to issue
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
such orders. It is also submitted that the Appellate Authority
cannot cancel an appointment itself and can only interfere with
approval or non-approval, under the Kerala Education Rules. It can
be seen from the facts narrated that Ext.P16 in W.P.(C)No.2719 of
2016 was pursuant to Ext.P14 notice dated 3.10.2015 directing Sri
Geroge Varghese to appear for a hearing on a representation
submitted by Sri Peter M.Chacko. The representation was filed
pursuant to the disposal of a Special Leave Petition by Ext.P13
judgment wherein the Hon'ble Supreme Court closed the Special
Leave Petition directing that the issue is infructuous in view of the
subsequent events. There again, it can be seen that pursuant to an
election, Sri George Varghese was appointed as Manager for a
second term from 17.5.2015. The said appointment was to be
valid for a period of five years. The appointment as Manager was
approved by the District Educational Officer on 19.05.2015. The
said approval is not seen to have been challenged in the manner
provided in the KER. It is after placing the details of such
appointments before the Hon'ble Supreme Court that the Special
Leave Petition was closed as infructuous. The remedy available to
any person aggrieved by the approval granted by the District
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
Educational Officer was to file a statutory appeal. No such appeal
was filed within the time provided in the Rules. According to Sri
Peter N.Chacko, an appeal had been preferred on 04.09.2015, a
copy of which has been produced as Ext.R5(b) along with the
counter affidavit filed in the said case. However, Ext.P16 is not an
order passed on the appeal said to have been filed on 04.09.2015,
but is an order passed on the basis of a representation that was
filed on 03.09.2015. It is settled law that when a procedure is
prescribed in the Statute, and the remedy is also prescribed, the
action should be in accordance with the said prescription. The Rules
do not contemplate a challenge to statutory orders by filing a
representation. The representation based on which Ext.P16 is
issued is not a statutory representation. In such a situation,
Ext.P16 has to be held to be without any jurisdiction since the order
has not been issued by the Additional Director of Public Instruction
in his capacity as an Appellate Authority. The order is liable to be
quashed. The period of appointment as Manager, which was the
subject matter in W.P.(C)No.2719 of 2016, is also over.
9. W.P.(C)No.15943 of 2020 has been filed by Sri Peter
N.Chacko praying for a consideration and disposal of Ext.P4
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
proposal for the change of management of St.Ignatius Vocational
Higher Secondary School, Kanjiramattom. The said request is
made on an averment that the term of Sri George Varghese P. has
expired on 18.5.2020 and in view of the judgment in R.F.A.No.427
of 2023, there is no other claimant available except Sri Peter
N.Chacko. It is stated that pursuant to the judgment dated
11.2.2020 in R.F.A.No.427 of 2023, the General Body of the Church
had been convened and the office bearers of the church and
governing body of the school had been elected. It is also stated
that the governing body took a resolution as per Ext.P3 produced in
W.P.(C)No.15943 of 2020 appointing Sri Peter N.Chacko as the
Manager of the School. Ext.P3 says that a general body had been
convened on 8.3.2020 in which the School Managing Committee
was elected. Ext.P4 dated 14.07.2020 in the said writ petition is
stated to be a request submitted by the Chairman to the District
Educational Officer forwarding the resolution. This Court has, in
the judgment dated 13.07.2021 in O.P.(C)No.446 of 2021, and
C.R.P.No.81 of 2021, specifically held that the validity of the
General Body, which is alleged to have been conducted on 8.3.2020
is to be decided in the proceedings pending before the civil court.
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
The above judgment is still in force and the petitioners and
respondents are bound by the same. In the above circumstances,
the prayer in this writ petition cannot be granted till the civil court
has finally decided on the validity of the election that is stated to
have been held on 8.3.2020, which is the basis for the prayer in the
writ petition and the claim of Sri Peter N.Chacko.
10. In W.P.(C)No.17731 of 2020, the prayer is for a
declaration that the General Body Meeting held on 8.3.2020 is
illegal and for a direction to the 2nd respondent to consider the
objections raised by the petitioner, the present trustees, and the
parishioners against the proposals forwarded by the 4 th respondent
in the said writ petition seeking approval of the appointment of Sri
Peter N.Chacko as Manager. There is also a prayer for quashing
Ext.P16, which is the letter issued by the District Educational
Officer directing the Manager to produce certain documents relating
to the election. The prayers in the said writ petition relate to the
validity or otherwise of the election stated to have been held on
8.3.2020 at the General Body Meeting, which is the subject matter
of a civil suit pending before the competent civil court. As such, the
prayers in the above said writ petitioner also cannot be granted at
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
present. In view of the judgment in O.P.(C).No.446 of 2021, the
direction issued by the Educational Officer to produce documents
cannot be justified. Ext.P16 is hence quashed. Regarding the
other prayers in W.P.(C)No.17731 of 2020 and the prayer in W.P.
(C)No.15943 of 2020, the same are left open to be agitated in the
civil suit pending between the parties.
11. Regarding WP(C) No.704 of 2021, the prayer is to quash
Ext.P9 produced in the said writ petition and for a direction to the
District Educational Officer to take back Ext.P7, consider and
dispose of the same in accordance with law. Ext.P7 is the
application for approval of change of personnel of the Manager,
again based on the General Body Meeting which is alleged to have
been conducted on 08.03.2020. In view of the judgment in O.P.(C)
No.446 of 2021, the said prayer will have to await the result of the
civil suit, which is pending. Ext.P9, which is challenged in the said
writ petition, is a letter from the District Educational Officer,
whereby the District Educational Officer has returned the
application for change of management stating the pendency of the
above writ petitions before this Court. In view of my conclusion
that the change of management would depend on the result of the
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
civil suit, as already held by this Court in the judgment in OP(C)
No.446 of 2021 between the parties, there is no necessity to quash
Ext.P9.
12. Even though several arguments were advanced regarding
the elections that resulted in the appointment of Sri.George
Varghese as well as the election that is stated to have been held on
08.03.2020, I do not think it is appropriate for this Court to deal
with the said contentions since the parties have already been
relegated to the civil suit, wherein all these issues are to be
decided.
13. The writ petitions are hence disposed of with the
following directions;
(a) W.P.(C)No.16457 of 2014 is ordered as closed in
terms of the observation in paragraph 7 above.
(b) W.P.(C)No.2719 of 2016 is allowed and Ext.P16
order produced in the said writ petition is
quashed.
(c) W.P.(C)No.17731 of 2020 and W.P.(C)No.15943 of
2020 are disposed of quashing Ext.P16 notice
produced in W.P.(C)No.17731 of 2020 and leaving
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
open the other contentions and prayers to be
agitated in the civil suit pending between the
parties.
(d) WP(C) No.704 of 2021 is closed without prejudice
to the right of the petitioners to approach the
Educational Authorities for appropriate orders
after the disposal of the civil suits wherein the
contentions of the parties are being agitated.
Sd/--
T.R. RAVI
JUDGE
Pn/dsn
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
APPENDIX OF WP(C) 16457/2014
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER NO.B5/4851/10
K.DIS DATED 18.09.2010 ISSUED BY THE
DISTRICT EDUCATIONAL OFFICER, ERNAKULAM.
EXHIBIT P2 TRUE COPY OF THE ORDER
NO.BC3/72555/10/DPI DATED 1.4.11 ISSUED
BY THE DPI.
EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER NO.G.O.
(RT) NO.2002/12/G.EDN. DATED 30.4.12.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN
WP(C)NO.15726/12 DATED 10.4.13.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN
W.A.NO.1011/13 DATED 17.3.14.
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION ISSUED BY
THE DISTRICT EDUCATIONAL OFFICER,
ERNAKULAM DATED 24.06.2014.
RESPONDENT EXHIBITS
EXHIBIT R1(a) TRUE COPY OF KALPANA NO.7/2012 DATED
24.8.2012 APPOINTING 1ST RESPONDENT AS
VICAR OF THE CHURCH.
EXHIBIT R5 (A). COPY OF THE ORDER DATED. 6.8.2014 OF THE
SUPREME COURT IN SPECIAL LEAVE PETITION
NO. 16097/2014.
EXHIBIT R5 (B) COPY OF THE ORDER DATED 20.4.2015 OF THE
SUPREME COURT IN SPECIAL LEAVE PETITION
NO. 16097/2014.
EXHIBIT R5 (C) COPY OF THE ORDER DATED 27.8.2015 OF THE
SUPREME COURT IN SPECIAL LEAVE PETITION
NO. 16097/2014.
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
APPENDIX OF WP(C) 2719/2016
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF THE ORDER
NO.135/4851/10/K.DIS DATED 18.09.2010.
EXHIBIT P2 TRUE PHOTOCOPY OF THE ORDER
NO.EC3/72555/2010/DPI DATED 01.04.2011.
EXHIBIT P3 TRUE PHOTOCOPY OF THE G.O.(RT)NO.2002/12/G.EDN
30.04.2012.
EXHIBIT P4 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.
(C)NO.15726/2012 DATED 10.04.2013.
EXHIBIT P5 TRUE PHOTOCOPY OF THE JUDGMENT DATED
17.03.2014 IN W.A.NO.1011/2013.
EXHIBIT P6 TRUE PHOTOCOPY OF THE NOTICE BEARING
NO.B5/3091/2014 DATED 24.06.2014.
EXHIBIT P7 TRUE PHOTOCOPY OF THE INTERIM ORDER IN W.P.(C)
NO.16457/2014 DATED 27.06.2014.
EXHIBIT P8 TRUE PHOTOCOPY OF THE INTERIM ORDER DATED
18.07.2014 IN S.L.P.(C) NO.16097/2014.
EXHIBIT P9 TRUE PHOTOCOPY OF THE NOTICE DATED 12.05.2015.
EXHIBIT P10 TRUE PHOTOCOPY OF THE PAPER REPORT PUBLISHED
IN MATHRUBUMI DAILY DATED 15.05.2015.
EXHIBIT P11 TRUE PHOTOCOPY OF THE PROCEEDINGS BEARING
ORDER NO.B5/3173/2015/KDIS.DATED 23.05.2015.
EXHIBIT P12 TRUE PHOTOCOPY OF THE INTERLOCUTORY
APPLICATION DATED 13.08.2015.
EXHIBIT P13 TRUE PHOTOCOPY OF THE ORDER DATED 27.08.2015
IN S.L.P.(C) NO.16097/2014 PASSED BY THE
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
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HON'BLE SUPREME COURT.
EXHIBIT P14 TRUE PHOTOCOPY OF THE NOTICE BEARING NO.EC
3/40596/2014 DPI DATED 03.10.2015.
EXHIBIT P15 TRUE PHOTOCOPY OF THE ARGUMENT NOTES SUBMITTED
ON BEHALF OF THE PETITIONER BEFORE THE 1ST
RESPONDENT.
EXHIBIT P16 TRUE PHOTOCOPY OF THE ORDER BEARING
NO.ECC31/40596/2014/DPI/KDIS DATED 04.01.2016.
EXHIBIT P17 PHOTOCOPY OF THE MINUTES OF THE MEETING.
EXHIBIT P18 PHOTOCOPY OF THE COMPLAINT FILED BY MR. PAVOO.
EXHIBIT P18(a) PHOTOCOPY OF THE COMPLAINT FILED BY MR.BINU
JOSEPH.
EXHIBIT P19 A TRUE PHOTOCOPY OF THE F.I.R.NO. 1979 DATED
12.07.2017.
EXHIBIT P20 A TRUE PHOTOCOPY OF THE PLAINT IN O.S
NO.17/2016.
EXHIBIT P21 A TRUE PHOTOCOPY OF THE WRITTEN STATEMENT
FILED BY DEFENDANTS 6 TO 8 IN O.S NO. 17/2016.
EXHIBIT P22 A TRUE PHOTOCOPY OF THE IMPLEADING PETITION
FILED BY THE 5TH RESPONDENT IN O.S. NO.
17/2016.
EXHIBIT P22(a) A TRUE PHOTOCOPY OF THE WRITTEN STATEMENT
FILED BY THE 5TH RESPONDENT IN O.S. NO.
17/2016.
RESPONDENT EXHIBITS
EXHIBIT R5(a) COPY OF THE ORDER OF SUPREME COURT DATED
20.04.2015 IN SLP (CIVIL) NO.16097/2014.
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
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EXHIBIT R5(b) COPY OF THE APPEAL FILED BY THE 5TH RESPONDENT
TO THE DIRECTOR OF PUBLIC INSTRUCTIONS DATED
4.9.2015 ALONG WITH DOCUMENTS.
EXHIBIT R5(c) COPY OF THE ADDITIONAL GROUNDS FILED BY THE
5TH RESPONDENT TO THE 1ST RESPONDENT ON
29.09.2015.
EXHIBIT R5(d) COPY OF THE FINAL REPORT IN CRIME No.1015/17
OF MULANTHURUTHY POLICE STATION AND NOTICE
UNDER SECTION 157 (2) OF CR.P.C
EXHIBIT R6(a) TRUE PHOTOCOPY OF KALPANA OF THE DIOCESAN
METROPOLITHAN DATED 01.05.1997
EXHIBIT R6(b) TRUE COPY OF LETTER DATED 14.05.2015 ISSUED BY
THE ADDITIONAL 6TH RESPONDENT
EXHIBIT R6(c) TRUE COPY OF THE APPLICATION DATED 21.10.2015
OF ADDITIONAL 6TH RESPONDENT
EXHIBIT R7(a) TRUE PHOTOCOPY OF THE ORDER DATED 27.8.2015 IN
SPECIAL LEAVE APPEAL 16097/2014
EXHIBIT R7(b) TRUE COPY OF JUDGMENT DATED 17.3.2014 IN
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
APPENDIX OF WP(C) 15943/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF THE BYELAW OF THE
SCHOOL APPROVED BY THE PREDECESSOR OF THE
RESPONDENT DATED 10.10.1973.
EXHIBIT P2 TRUE PHOTOCOPY OF THE JUDGMENT IN R.F.A
427/2003 DATED 11.02.2020.
EXHIBIT P3 TRUE PHOTOCOPY OF THE MINUTE OF THE
MEETING OF THE GOVERNING BODY OF THE
SCHOOL DATED 10.03.2020.
EXHIBIT P4 TRUE PHOTOCOPY OF THE PROPOSAL OF THE
CHANGE OF MANAGEMENT SUBMITTED BY THE
EDUCATIONAL AGENCY TOT HE RESPONDENT
DATED 14.07.2020.
EXHIBIT P5 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE
RESPONDENT DATED 23.05.2015.
EXHIBIT P6 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE
DIRECTOR OF PUBLIC INSTRUCTION DATED
4.1.2016.
EXHIBIT P7 TRUE PHOTOCOPY OF THE APPLICATION FILED
BY THE PETITIONER BEFORE THE PRINCIPAL OF
THE SCHOOL DATED 25.11.2020
EXHIBIT P8 TRUE PHOTOCOPY OF THE APPLICATION FILED
BY THE PETITIONER BEFORE THE DIRECTOR OF
GENERAL EDUCATION DATED 25.11.2020
EXTS.PRODUCED ALONG WITH REPLY AFFIDAVIT DT.25.1.2021
EXT.P7: TRUE PHOTOCOPY OF THE BYELAW OF THE
ST.IGNATIUS JACOBITE SYRIAN CHRISTIAN
ASSOCIATION, KANJIRAMATTAM.
EXT.P8: TRUE PHOTOCOPY OF THE PROCEEDING DATED
10.8.20 ISSUED TO THE SECOND RESPONDENT.
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
EXT.P9: TRUE PHOTOCOPY OF THE UNDERTAKING FILED BY
THE SECOND RESPONDENT AND OTHERS DATED
4.3.20.
EXT.P10: TRUE PHOTOCOPY OF THE PHOTOGRAPHS SHOWING
THE RELIGIOUS CEREMONY BEING CONDUCTED ON
8.3.20.
EXT.P11: TRUE PHOTOCOPY OF THE COMPLAINT FILED BEFORE
THE POLICE DATED 28.9.20 IS SEND BY THE
REGISTERED POST.
EXT.P12: TRUE PHOTOCOPY OF THE PHOTOGRAPH SHOWING THE
RELIGIOUS CEREMONY BEING CONDUCTED BY THE
METROPOLITAN FUNCTIONING UNDER 2002
CONSTITUTION.
EXT.P13: TRUE PHOTOCOPY OF THE PHOTOGRAPH SHOWING THE
PRESENCE OF THE MANAGING COMMITTEE MEMBERS
OF THE SABHA FOLLOWING THE 2002
CONSTITUTION.
EXT. P14: TRUE PHOTOCOPY SHOWING THE HOLY FUNCTION
BEING CONDUCTED BY THE METROPOLITAN
REPRESENTING 2002 CONSTITUTION.
RESPONDENTS EXHIBITS
EXT.R2(A): A TRUE PHOTOCOPY OF THE LETTER DATED
26.04.2020 (ENGLISH TRANSLATION).
EXT.R2(B): A TRUE PHOTO COPY OF THE NOTICE DATED
12.08.2020 (ENGLISH TRANSLATION).
EXT.R2(C): A TRUE PHOTOCOPY OF THE INTERIM ORDER DATED
25.08.2020 IN W.P. (C)NO. 17731 OF 2020
EXT.R2(D): A TRUE PHOTOCOPY OF THE ORDER DATED
01.10.2020 IN R.P. NO. 694 OF 2020.
EXT.R2(E)(I: A TRUE PHOTOCOPY OF THE COMPLAINT DATED
05.08.2020.
EXT.R2(E)(II): A TRUE PHOTOCOPY OF THE COMPLAINT DATED
06.08.2020 (ENGLISH TRANSTATION).
EXT.R2(E)(III):- A TRUE PHOTOCOPY OF THE COMPLAINT DATED
10.08.2020 (ENGLISH TRANSLATION).
EXT.R2(F): A TRUE PHOTOCOPY OF THE FIR NO. 0978/2020
DATED 15.09.2020 (ENGLISH TRANSLATION OF
PG.41,42).
EXT.R2(G): A TRUE PHOTOCOPY OF THE IA IN
O.S.NO.17/2016.
EXT.R2(H): A TRUE PHOTOCOPY OF THE ORDER DATED
23.10.2020 IN EA.NO.709/2020 IN
E.P.NO.565/2020 IN O.S.NO. 163/1977 IN
R.F.A.NO.427/2003.
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
EXHIBIT R2(I) TRUE PHOTOCOPY OF THE LETTER DATED
18.11.2020 ISSUED BY THE 1ST RESPONDENT
EXHIBIT R2(J) TRUE PHOTOCOPY OF THE COMMON JUDGMENT
DATED 13.07.2021 IN C.R.P No.81 OF 2021
AND O.P(C) No.446 OF 2021
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
APPENDIX OF WP(C) 17731/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF THE ORDER BEARING NO.
K-DIS.G4-22255/73 DATED 10.10.1973 AND
THE APPROVED BYE-LAWS/CONSTITUTION OF THE
EDUCATIONAL AGENCY UNDER THE ST. IGNATIUS
ORTHODOX SYRIAN CHURCH, KANJIRAMATTOM.
EXHIBIT P2 TRUE PHOTOCOPY OF THE JUDGMENT DATED
10.04.2013 IN W.P.(C) NO.15726 OF 2012.
EXHIBIT P3 TRUE PHOTOCOPY OF THE JUDGMENT DATED
17.03.2014 IN W.A NO.1011 OF 2013.
EXHIBIT P4 TRUE PHOTOCOPY OF THE ORDER DATED
18.07.2014 IN S.L.P.(C) NO.16097/2014.
EXHIBIT P5 TRUE PHOTOCOPY OF ORDER
NO.B5/3173/2015/K.DIS DATED 23.05.2015.
EXHIBIT P6 TRUE PHOTOCOPY OF THE ORDER DATED
27.08.2015 IN S.L.P.(C) NO.16097/2014.
EXHIBIT P7 TRUE PHOTOCOPY OF THE ORDER BEARING
NO.EC(3)/40596/2014/DPI/K.DIS DATED
04.01.2016.
EXHIBIT P8 TRUE PHOTOCOPY OF THE INTERIM ORDER DATED
22.01.2016 IN W.P.(C) NO.2719 OF 2016.
EXHIBIT P8(a) TRUE PHOTOCOPY OF THE ORDER DATED
11.06.2016.
EXHIBIT P9 TRUE PHOTOCOPY OF THE LETTER DATED
26.04.2020.
EXHIBIT P9(a) TRUE PHOTOCOPY OF A/D CARD DULY SIGNED BY
THE 4TH RESPONDENT ON 05.05.2020.
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
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EXHIBIT P9(b) TRUE PHOTOCOPY OF THE LETTER DATED
28.04.2020.
EXHIBIT P10 TRUE PHOTOCOPY OF THE LETTER DATED
24.06.2020.
EXHIBIT P10(a) TRUE PHOTOCOPY OF THE POSTAL COVER WHICH
CONTAINED IN EXT. P10.
EXHIBIT P11 TRUE PHOTOCOPY OF THE REPLY DATED
12.08.2020.
EXHIBIT P12 TRUE PHOTOCOPY OF THE I.A.IN
O.S.NO.17/16.
EXHIBIT P13 TRUE PHOTOCOPY OF THE COMPLAINT DATED
05.08.2020 BEFORE THE 1ST RESPONDENT.
EXHIBIT P13(a) TRUE PHOTOCOPY OF THE COMPLAINT DATED
06.08.2020 BEFORE THE POLICE AUTHORITIES.
EXHIBIT P14 TRUE PHOTOCOPY OF THE COMPLAINT DATED
10.08.2020.
EXHIBIT P15 TRUE PHOTOCOPY OF THE JUDGMENT DATED
05.08.2020 IN W.P.(C) NO.15943 OF 2020.
EXHIBIT P16 TRUE PHOTOCOPY OF THE LETTER BEARING
NO.B5/2124/2020 DATED 12.08.2020.
EXHIBIT P17 TRUE PHOTOCOPY OF THE FIR NO.0978 DATED
15/09/2020.
EXHIBIT P18 TRUE PHOTOCOPY OF THE ORDER DATED
01/02/2005 IN I.A.NO.253 OF 2005 IN
R.F.A.NO.427 OF 2003.
EXHIBIT P19 TRUE PHOTOCOPY OF THE MINUTES DATED
08/03/2020.
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
EXHIBIT P20 TRUE PHOTOCOPY OF THE MINUTES DATED
10/03/2020.
EXHIBIT P21 TRUE PHOTOCOPY OF THE WRITTEN STATEMENT
FILED BY THE DEFENDANTS 6 TO 8 IN
O.S.NO.17/2016.
RESPONDENTS EXHIBITS
EXT.R2(a) TRUE PHOTOCOPY OF THE RELEVANT PORTION OF
1934 CONSTITUTION PAGES 1 TO 11
EXT.R2(b) TRUE PHOTOCOPY OF THE JUDGMENT IN R.F.A
427/2003 DATED 11.02.2020
EXT.R2(c) TRUE PHOTOCOPY OF THE UNDERTAKING FILED
BY THE WRIT PETITIONER AND OTHERS IN
O.S.17/16 DATED 04.03.2020
EXT.R2(d) TRUE PHOTOCOPY OF THE AUTHORIZATION
LETTER ISSUED FOR USING THE AUDITORIUM
EXT.R2(e) TRUE PHOTOCOPY OF THE REPRESENTATION
ALONG WITH DOCUMENTS SUBMITTED BEFORE THE
1ST RESPONDENT DATED 14.07.2020
EXT.R2(f) TRUE PHOTOCOPY OF THE JUDGMENT IN W.P(C)
15943/2020 DATED 05.08.2020
EXT.R2(g) TRUE PHOTOCOPY OF THE LETTER ISSUED BY
THE 1ST RESPONDENT DATED 12.08.2020
EXT.R2(h) TRUE PHOTOCOPY OF THE DOUCMENTS PRODUCED
BY THE 3RD RESPONDENT BEFORE THE 1ST
RESPONDENT DATED 22.08.2020
EXT.R2(i) TRUE PHOTOCOPY OF THE APPLICATION FILED
BY THE WRIT PEITIONER AND OTHERS BEFORE
THE REGISTRAR OF SOCIETIES DATED
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
07.10.2019
EXT.R2(j) TRUE PHOTOCOPY OF THE BYELAW OF THE
CHARITABLE SOCIETY FORMED BY THE WRIT
PETITIONER AND OTHERS DATED NIL
EXT.R2(k) TRUE PHOTOCOPY OF THE PROCEEDING ISSUED
BY METROPOLITIAN OF KOCHI DIOCESE DATED
10.08.2020
EXT.R2(l) TRUE PHTOGRAPH SHOWING THE RELIGIOUS
CEREMONY CONDUCTED BY FR.ELIAS IN THE 2ND
RESPONDENT CHURCH ON 08.03.2020
EXT.R2(m) TRUE PHOTOCOPY OF THE JUDGMENT IN O.P
3818/1978 DATED 20.07.1984.
EXT.R2(n) TRUE PHOTGRAPH OF THE CHURCH BUILDING
WHERE THE WRIT PETITIONER AND OTHER
PERSONS CONDUCTING THE RELIGIOUS FUNCTION
AT VIDANGARA
EXT.R2(o) TRUE PHOTOGRAPH OF CHURCH BUILDING WHERE
THE WRIT PETITIONER AND OTHER PERSONS
CONDUCTING RELEGIOUS FUNCTION AT
AMBAZHAVELIL
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
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APPENDIX OF WP(C) 704/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF PROCEEDINGS DATED 10.10.1973
OF THE REGIONAL DEPUTY DIRECTOR OF PUBLIC
INSTRUCTION, ERNAKULAM WITH APPROVED
CONSTITUTION.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN RFA
NO.427/2003 DATED 11.02.2020 OF THIS
HON'BLE COURT.
EXHIBIT P3 TRUE COPY OF MINUTES OF THE POTHUYOGAM OF
ST.IGNATIOUS ORTHODOX SYRIAN CHURCH DATED
08.03.2020.
EXHIBIT P4 TRUE COPY OF MINUTES OF THE MEETING OF
THE MANAGING COMMITTEE OF THE 2ND
PETITIONER DATED 10.03.2020.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 14.07.2020
SUBMITTED BY THE 1ST PETITIONER BEFORE
TEH 1ST RESPONDENT FOR APPROVAL OF
MANAGER APPOINTED AS PER EXHIBIT.P4.
EXHIBIT P6 TRUE COPY OF LETTER DATED 14.07.2020
ISSUED BY HE 1ST PETITIONER BEFORE THE
1ST RESPONDENT REQUESTING TO EFFECT THE
CHANGE OF MANAGEMENT GRANTING APPROVAL TO
THE MANAGER ALONG WITH THE PRESCRIBED
APPLICATION FOR APPROVAL OF APPOINTMENT
OF MANAGER.
EXHIBIT P7 TRUE COPY OF APPLICATION DATED 14.07.2020
SUBMITTED BY THE 1ST PETITIONER BEFORE
THE 1ST RESPONDENT.
EXHIBIT P8 TRUE COPY OF NOTICE DATED 12.08.2020
ISSUED BY THE 1ST RESPONDENT TO THE 1ST
PETITIONER.
WPC Nos.16457 of 2014, 2719 of 2016,
15943/2020, 17731/2020 & 704/ 2021
2025:KER:303
EXHIBIT P9 TRUE COPY OF ORDER DATED 18/11/2020 OF
THE 1ST RESPONDENT.
EXHIBIT P10 TRUE COPY OF JUDGMENT DATED 17.03.2014 IN
WA NO.1011 OF 2013 OF THIS HON'BLE COURT.
EXHIBIT P11 TRUE COPY OF DECISION DATED 27/09/2019
WITH THE REGISTER3ED MEMORANDUM OF
ASSOCIATION AND BYELAWS OF ST.IGNATIOUS
JACOBITE SYRIAN CHRISTIAN ASSOCIATION.
