A review petition was disposed of regarding interim directions on access to church premises, consistent with prior writ petition proceedings.
Directed the Advocate Commissioner to provide the key to the second petitioner for burial services.
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 A.MUHAMED MUSTAQUE
TUESDAY, THE 24TH DAY OF NOVEMBER 2020 / 3RD AGRAHAYANA, 1942
RP.No.906 OF 2020 IN WP(C). 13556/2020
AGAINST THE JUDGMENT IN WP(C) 13556/2020(T) OF HIGH COURT OF KERALA
REVIEW PETITIONERS/PETITIONERS:
1 ST. IGNATIOUS ORTHODOX SYRIAN CHURCH (ONAKKOOR SEHIYON) ONAKKOOR, PERIYAPPURAM P.O., PAMPAKUDA VIA, PIRAVOM, REPRESENTED BY ITS TRUSTEE, K.E.PHILIPOSE.
S/O.T.V.ALIAS, THANIKKUZHIYIL HOUSE, VETTICKAL P.O., KANAYANNUR, PIN-682314, VICAR, ST.IGNATIOUS ORTHODOX SYRIAN CHURCH (ONAKKOOR SEHIYON), ONAKKOOR.
S/O.T.A.ALEXANDER, THAREKKATTUTHEKKETHIL (ANGADICKAL PUTHENKAVU) P.O., CHENGANNUR, PIN-689123.
4 K.E.PHILIPOSE, , AGED 72 YEARS S/O.LATE ETHACK, KALLATTUKUDIYIL, THIRUMARADY P.O., KOOTHATTUKULAM, PIN-686662.
5 GEORGE PHILIP, , AGED 52 YEARS S/O.LATE M.V.PHILIPOSE, MANGALASSERIL HOUSE, KAKKOOR P.O., KOOTHATTUKULAM, PIN-686662.
6 K.U.JOHNY, AGED 65 YEARS S/O.LATE ULAHANNAN, KALLATTUKUZHIYIL HOUSE, KAKKOOR KARA, THIRUMARADY VILLAGE, MUVATTUPUZHA TALUK, PIN686662.
BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA SRI.R.GITHESH
RP.No.906 OF 2020 IN WP(C). 13556/2020
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SRI.MANJUNATH MENON SRI.SACHIN JACOB AMBAT SHRI.HARIKRISHNAN S. SHRI.CYRIAC TOM
RESPONDENTS/RESPONDENTS:
S/O.MATHAI, KOLLAMPARAMBIL HOUSE, ANACHALPETTY P.O., PAMPAKUDA VIA, ONAKKOOR VILLAGE, MUVATTUPUZHA, PIN-686667.
(AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER), KOONANIKKAMALAYIL (NARAKKATTU), PERIAPPURAM P.O, ONAKKOOR SOUTH, PAMPAKUDA VIA, ONAKKOOR VILLAGE, PIN-686610.
(AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER) VETTIYANIKKAL HOUSE, PEIYAPPURAM P.O., PAMPAKUDA VIA, ONAKKOOR VILLAGE, PIN-686610.
10 FR.ELDHO JOHN KUTTUVELIL, AGED 32 YEARS S/O.JOHN, KUTTUVELIL HOUSE, POOTHRIKKA P.O., PUTHENCRUZ, ERNAKULAM, PIN 682 308.
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OTHER PRESENT:
S GOPINATHAN SR GP
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 24.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 24th day of November 2020
This Court allowed burial service pursuant to the review. The writ petition is being heard by another bench. The review was necessitated in an interim order on account of the direction of this Court directing Advocate Commissioner who was appointed in the matter
to keep the custody of key. Any further direction in the matter can be granted only by the Court which is having roster where this writ petition is posted. Review Petition in this circumstances can be disposed of, with the following directions:
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to the Advocate Commissioner after performance of service. However, this will be subject to any direction to be given in the writ petition
by the Court, having roster.
Review Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
SKP
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APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE I TRUE COPY OF ORDER DATED 29.07.2020 IN WPC NO. 13556 OF 2020 OF THIS HONBLE COURT.
ANNEXURE II CERTIFIED COPY OF ORDER DATED 13.08.2020 IN WPC NO. 13556 OF 2020 OF THIS HON'BLE COURT.
TRUE COPY P.A. TO JUDGE
ST. IGNATIUS ORTHODOX SYRIAN CHURCH (ONAKKOOR SEHIYON)
THE STATE OF KERALA
A.MUHAMMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
