Petitioners sought directions via Article 226 for certified copies of orders. The court held that since the copies were subsequently obtained, the petition became infructuous and dismissed it. No substantive relief was granted on the underlying dispute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
MONDAY, THE 17TH DAY OF OCTOBER 2016/25TH ASWINA, 1938
OP(C).No. 2453 of 2016 (O)
--------------------------(IA.NO.536/2016 IN OS.NO.177/2013 OF SUB COURT, KATTAPPANA)
PETITIONER(S)/PROPOSED ADDL DEFENDANTS 9 TO 11:
1. FR.MANOJ VARGHESE, S/O VARGHESE, AGED 39 YEARS,
ERACHERIL HOUSE, KANJIKUZHY P.O, KANJIKUZHY VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, VICAR,
ST. GEORGE JACOBITE SYRIAN ORTHODOX CHURCH,
KATHIPARATHADAM.
2. JOHN KURIAKOSE, S/O KURIAKOSE, AGED 60, MUNDAPLACKAL HOUSE, ALAPPARA P.O, KANJIKKUZHI VILLAGE.
3. ULAHANNAN, S/O VARKEY, AGED 76, POTTANKULANGARAYIL, CHELACHUVADU P.O, KANJIKKUZHY VILLAGE.
BY ADVS.SRI.K.J.KURIACHAN SRI.SUNIL JACOB
RESPONDENT(S)/PLAINTIFFS 1 TO 5 AND DEFENDANTS 1 TO 8:
1. ST.GEORGE JACOBITE SYRIAN ORTHODOX CHURCH, KATHIPARATHADAM, CHELACHUVADU, IDUKKI, REPRESENTED BY ITS TRUSTEE, TOJAN VARGHESE, S/O LATE VARGHESE, AGED 31, ERACHERIL HOUSE,
KANJIKKUZHY KARA AND VILLAGE, IDUKKI DISTRICT-685 606.
2. FR. GEEVARGHESE, AGED 38, S/O VARGHESE, KALARIKUNNEL HOUSE, VICAR, ST. GEROGE JACOBITE SYRIAN ORTHODOX CHURCH,
KATHIPARATHADAM, CHELACHUVADU, IDUKKI -685 606.
3. SHAJI ELIAS, S/O ELIAS, AGED 45, NIRAVATH HOUSE, CHELACHUVADU P.O,
CHURULI, KANJIKKUZHY VILLAGE, IDUKKI DISTRICT -685 606.
2/-
-2-
OP(C).NO.2453/2016
4. SAJI VARGHESE, S/O VARGHESE, AGED 38, KANJIRAKKATTU HOUSE, CHELACHUVADU P.O, KANJIKKUZHY VILLAGE, IDUKKI DISTRICT- 685 606.
5. ELDHOSE, S/O ULAHANNAN, AGED 52, VETTUCHIRAYIL HOUSE, CHELACHUVADU P.O, CHURULI, KANJIKKUZHY VILLAGE, IDUKKI DISTRICT -685 606.
6. FR. GEEVARGHESE, VALLIKATTIL, AGED 33, VADAKODU VILLAGE,
KOLENCHERY P.O, ERNAKULAM DISTRICT -686 670.
7. VARKEY KUNJU, S/O VARKEY, AGED 55, KIZHAKKEDATH,
CHELACHUVADU P.O, KANJIKKUZHY VILLAGE, IDUKKI DISTRICT -685 606.
8. GEORGE KARIMPANACKAL, S/O PAULOSE, AGED ABOUT 45, KEERITHODU P.O,
KANJIKKUZHY VILLAGE, IDUKKI DISTRICT -685 606.
9. CHARLES JACOB,
10. HIS BEATITUDE BASELIOS THOMAS-I,
11. DR. THOMAS MAR ATHANASIOS METROPOLITAN, BISHOP'S HOUSE, MOOVATTUPUZHA, ERNAKULAM DISTRICT -686 661.
12. H.G. ZACHARIAS MOR PHILOXINOS METROPOLITAN, MOR GREGORIAN CENTRE, THOOTHOTTI, THIRUVANCHOOR P.O, KOTTAYAM -686 019.
13. FR. KOCHUPARAMBIL GEEVARGHESE, RAMBAN, AGED 40 YEARS, WRONGLY DESCRIBED AS VICAR ST. GEROGE ORTHODOX SYRIAN CHURCH, KATHIPARATHADAM, KANJIKUZHY VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT -685 606.
R13 BY SRI.S.SREEKUMAR,SENIOR ADVOCATE ADVS. SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 17-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
K. RAMAKRISHNAN,J.
O.P. (C) No. 2453 of 2016
Dated this the 17th day of October, 2016
J U D G M E N T
This petition was filed by the petitioners seeking intervention of this Court to give a direction to the Sub Court, Kattappana, to issue certified copy of the orders in I.A. No.536/2016 in O.S. No.177/2013 of that court under Article 227 of Constitution of India.
“Call for a report from Sub Court, Kattappana regarding the present stage of copy application A.No.752/2016 which was said to have been accompanied by an emergent copy application and whether certified copy has been given on that basis. If that is not given, then Sub Judge is directed to comply with the copy application and give copy of the same as expeditiously as possible at any rate within one week from today. Till then, the court below is directed to keep in abeyance the trial of O.S. No.177/13 pending before that court. To report compliance, post on 17.10.16.”
counsel for the petitioners submitted that the certified copies
O.P. (C) No. 2453 of 2016
2
sought for has been obtained. So, the prayer in the petition has become infructuous. So, the petition is dismissed as
infructuous.
K. RAMAKRISHNAN JUDGE
DMR/-
1 issue framed by the court
Whether the petition under Article 226 is barred as infructuous after certified copies were obtained.
Fr. Manoj Varghese and others
St. George Jacobite Syrian Orthodox Church and others
K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
