Allowed

Binu Thomas v. St.George Orthodox Syrian

Kerala HC13 Feb 2014OP(C)/4688/2013

Case brief

AI extract

What is this about?

Petitioners challenged the trial court's refusal to appoint an Advocate Commissioner for auctioning 16 church shop rooms. The High Court held that since 8 rooms were already sold, the Secretary should conduct the remaining 8 auctions under the commissioner's supervision.

What did the court decide?

Directive to the Secretary of the respondent church to auction 8 shop rooms under the supervision of Sri.K.S.Madhusoodanan, an Advocate Commissioner appointed by the Court.

Binu Thomas Vs St.George Orthodox Syrian — Property and Title | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN

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FRIDAY, THE 24TH DAY OF JANUARY 2014/4TH MAGHA, 1935

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OP(C).No. 4688 of 2013 (O)

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(O.S.NO.41 OF 2003 OF I ADDITIONAL DISTRICT COURT, ERNAKULAM)

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PETITIONER:

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BINU THOMAS, AGED 30 YEARS S/O.THOMAS, MEENKUZHICKAL HOUSE, MANNATHOOR P.O. THIRUMARADY VILLAGE, PIN: 686 723

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PAMPAKUDA VIA ERNAKULAM DIST.

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DEACON GEE VARGHESE KOCHUPARAMBIL, AGED 38 YEARS S/O.K.M.ALIAS, KOCHUPARAMBIL HOUSE, MANNATHOOR P.O. PAMPAKUDA VIA, ERNAKULAM DISTRICT.

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BY ADVS.SRI.S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA SRI.S.VAIDYANATHAN

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RESPONDENTS:

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ST.GEORGE ORTHODOX SYRIAN CHURCH MANNATHUR, MANNATHUR P.O., THIRUMARADI VILLAGE REP. BY ITS TRUSTEE, PIN: 686 667.

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FR.ELIAS JOHN, S/O.FR.M.C.JOHN, VICAR, ST.GEORGE ORTHODOX SYRIAN CHURCH, MANNATHUR MANNATHUR P.O., THIRUMARADI VILLAGE, PIN: 686 667 RESIDING AT MANNATHIKULAM, ONAKOOR VILLAGE MUVATTUPUZHA.

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BABU JOHN, S/O.ULAHANNAN, AGED 37, PUTHUMPURATHU, MANATHUR P.O. PIN: 686 667.

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V.M.KURIAKOSE, AGED 48 YEARS S/O.MANI, VANAPPURATH HOUSE, MANNATHUR P.O. PIN: 686 667.

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T.P.JOHN, KIZHAKKUMCHERIL, MANNATHUR, PIN: 686 667.

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SKARIA PAILY, KUNNIMMEL, MANNATHUR, PIN: 686 667.

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MATHAI T.V., THOLANIKUNNEL, MANNATHUR, PIN: 686 667.

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GEORGE PETER, KOCHUPARAMBIL, MANNATHUR, PIN: 686 667.

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V.M.JOHN, VANAPPURATHU, MANNATHUR, PIN: 686 667.

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SIMON MOOMUGALIL, MANNATHUR, PIN: 686 667.

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SHIBU KURIAN, VADAKKAL, OLIAPPURAM P.O., PIN: 686 672.

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JOSE K.PRASAD, KOCHUPARAMBIL, MANNATHUR, PIN: 686 667.

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BABU ABRAHAM, KANNAMTHORATHU, MANNATHUR, PIN: 686 667.

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BABU ABRAHAM, MADUTHIKUDIYIL, MANNATHUR, PIN: 686 667.

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BENNY PAILY, NEDUMTHADATHIL, MANNATHUR, PIN: 686 667.

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K.C.THANKACHAN, MARATHANAKUNNEL, MANNATHUR, PIN: 686 667.

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PHILIP SKARIA, VAZHAKKULAYIL, MANNATHUR, PIN: 686 667.

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SABU A.I., ARITHADATHIL, MANNATHUR, PIN: 686 667.

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JOBY VARGHESE, PUTHENPURACKEL, MANNATHUR, PIN: 686 667.

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JOHNSON JOSEPH, CHERAKKALAKUDIYIL, MANNATHUR, PIN: 686 667.

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BINU KURIAKOSE, ARITHADATHIL, MANNATHUR, PIN: 686 667.

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SONIL V.J., VATTAPARAMBIL MANNATHUR, PIN: 686 667.

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K.M.MATHAI, KUDAPILLIL, MANNATHUR, PIN: 686 667.

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JINTO KURIAN, MALAKUDIYIL, MANNATHUR, PIN: 686 667.

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K.C.ALIAS, MARUTHANAKUNEL, MANNATHUR, PIN: 686 667.

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OUSEPH CHERIAYAN,, AGED 63 YEARS

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S/O.OUSEPH, CHOORACKAL HOUSE, MANNATHOOR P.O. THIRUMARADY VILLAGE

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PIN 686 723 PAMPAKUDA VIA ERNAKULAM DIST.

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R1 BY ADV. SRI.K.C.ELDHO R1 BY ADV. SRI.JIJO THOMAS R1 BY ADV. SRI.SURAJ.S R1 BY ADV. SRI.ANEESH JAMES

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R5 -R 10,R 12 -R-R 14 & 16 BY ADV. SRI.PIUS C.MUNDADAN R5 -R 10,R 12 -R 14 & 16 BY ADV. SMT.ANJU DIVAKAR R15,R 17 -R 25 BY ADV. SRI.ROY ISAAC R15,R 17 -R-R 25 BY ADV. SRI.VIJAI MATHEWS R4 BY ADV. SRI.JOHN JOSEPH VETTIKAD R4 BY ADV. SRI.C.JOSEPH JOHNY

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 24-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 4688 of 2013 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1:	TRUE COPY OF PLAINT IN O.S NO.41/2003 FILED BEFORE THE 1ST ADDITIONAL DISTRICT COURT, ERNAKULAM.
EXT.P2:	TRUE COPY OF ORDER IN IA NO.3382/2004 IN AS NO.176/2002 DATED 03/12/2004 OF THIS HON'BLE COURT.
EXT.P3:	TRUE COPY OF ORDER DATED 29/11/2012 IN I.A NO.2568/2012 IN AS NO.176/2002 OF THIS HON'BLE COURT.
EXT.P4:	TRUE COPY OF KALPANA NO.16 OF 2013 DATED 13/05/2013.
EXT.P5:	TRUE COPY OF I.A NO.2365/2013 IN OS NO.41/2003 FILED BY POLY ISSAC & JINTO SCARIA BEFORE THE 1ST ADDITIONAL DISTRICT COURT, ERNAKULAM.
EXT.P6:	TRUE COPY OF I.A NO.4684/2013 IN OS NO.41/2003 FILED BY THE PETITIONERS BEFORE THE IST ADDITIONAL DISTRICT COURT, ERNAKULAM.
EXT.P7:	TRUE COPY OF COUNTER AFFIDAVIT IN IA. NO.4684/2013 IN OS NO.41/2003 FILED BY THE RESPONDENTS 1, 4, 5 AND 28
EXT.P8:	TRUE COPY OF ADDITIONAL COUNTER AFFIDAVIT DATED 03/12/2013 IN I.A NO.4684/2013 IN O.S NO.41/2003 FILED BY THE RESPONDENTS 1, 4, 5 AND 28
EXT.P9:	TRUE COPY OF ORDER IN I.A NO.4684/2013 IN O.S NO.41/2003 DATED 18.12.2013 OF 1ST ADDITIONAL DISTRICT COURT, ERNAKULAM

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RESPONDENT(S)' EXHIBITS

NIL

/TRUE COPY/

VPS PA TO JUDGE

P.N.RAVINDRAN , J.

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O.P.(C) No.4688 of 2013

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Dated this the 24^th day of January, 2014

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J U D G M E N T

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Plaintiffs 2 and 3 in O.S.No.41 of 2003 on the file of the Court of the First Additional District Judge, Ernakulam have filed this original petition under Article 227 of the Constitution of India challenging Ext.P9 order passed by the trial court dismissing an application filed by them for the appointment of an Advocate Commissioner to conduct auction of 16 shop rooms owned by the first defendant church. The petitioners contended that during the pendency of the suit the third defendant, who is one of the trustees, passed away, the fourth defendant, yet another trustee, is not seen or heard of for the past several years and the term of the Secretary has expired. The said contention did not find acceptance by the court below which held that the Secretary who is now in management should be permitted to continue to exercise acts of management. When attention was drawn to an earlier order passed by this Court in yet another case in relation to the very same set of shop rooms and it was pointed out to the learned counsel on both sides that this Court had while permitting the third defendant trustee who was then alive to go ahead with the

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O.P.(C) No.4688/2013 2

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sale of the right to conduct business in the shop rooms but an Advocate Commissioner was appointed to oversee the proceedings, learned counsel on both sides submitted that they have no objection to such a course of action being adopted. Learned counsel appearing for the respondents however submitted that out of the 16 shop rooms, the right to occupy 8 shop rooms was sold in auction on 19.12.2013, the day previous to the day on which the order of stay was passed by this Court, and therefore a Commissioner may be appointed to oversee the conduct of the auction in respect of the remaining shop rooms. In such circumstances as the right to occupy 8 out of the 16 shop rooms has already been auctioned, I am of the opinion that the proper course would be to direct Sri.V.M.Kuriakose, Secretary of the first defendant church (fifth defendant in the suit) to conduct auction in respect of the remaining 8 shop rooms under the supervision of an Advocate Commissioner. I accordingly dispose of the original petition with the following directions:

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The fifth defendant in the suit is permitted to sell in auction the right to conduct business in the shop rooms belonging to the first defendant church.

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The auction shall be held after an advertisement in that regard is displayed in the shopping complex and by giving notice to the

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O.P.(C) No.4688/2013

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persons already in occupation of the shop rooms during the previous years. The auction shall be held on or before 3.2.2014.

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Sri.K.S.Madhusoodanan, Advocate of this Court is appointed as Commissioner to oversee the conduct of the auction. The Advocate Commissioner shall after the auction is held, file a report in this Court.

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The remuneration payable to the Advocate Commissioner is fixed at Rs.10,000/-, which shall be paid by the petitioners without fail before 1.2.2014.

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The successful bidder shall deposit the rent payable each month within the time limit stipulated by the fifth defendant. The church is permitted to withdraw the amounts thus deposited for its day to day expenses.

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The Secretary of the church shall maintain proper accounts for the amounts received by way of rent and shall file quarterly statements in the trial court.

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Since the suit is of the year 2003, I also deem it appropriate to direct the trial court to try and dispose of the suit expeditiously and in any event on or before 11.4.2014.

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P.N.RAVINDRAN,

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vps

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O.P.(C) No.4688/2013 4

Binu Thomas v. St.George Orthodox Syrian

Case brief

What is this about?

What did the court decide?

Binu Thomas v. St.George Orthodox Syrian

Case brief

What is this about?

What did the court decide?

What the court decided

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