This review petition challenging an interim order dated 25.11.2021 was closed as unnecessary. The court held that the petitioners' assertions were insufficient and noted a third-party appeal had been filed against the impugned judgment.
Review petition closed finding it unnecessary to adjudicate further.
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 DEVAN RAMACHANDRAN
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
RP NO. 179 OF 2022
(TO REVIEW THE INTERIM ORDER DATED 25.11.2021 IN
WP(C)NO.13556/2020)
REVIEW PETITIONER/PETITIONERS:
1 ST.IGNATIOUS ORTHODOX SYRIAN CHURCH (ONAKKOOR SEHIYON), ONAKKOOR, PERIYAPPURAM P.O., PAMPAKUDA VIA, PIRAVOM, REPRESENTED BY ITS TRUSTEE, K.E.PHILIPOSE.
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, PIN – 686662.
BY ADVS.P.MARTIN JOSE MANJUNATH MENON P.PRIJITH THOMAS P.KURUVILLA R.GITHESH AJAY BEN JOSE SACHIN JACOB AMBAT HANI P.NAIR HARIKRISHNAN S.
RP NO.179/2022 in WP(C)NO.13556/2020
-2-
RESPONDENTS/RESPONDENTS:
| 1 | THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001. |
|---|---|
| 2 | THE DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION, KAKKANADU - 682031. |
| 3 | THE STATE POLICE CHIEF, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM - 695001. |
| 4 | THE DISTRICT POLICE CHIEF (RURAL), SH 16, OPP. POWER HOUSE, ALUVA, KERALA 683101. |
| 5 | THE DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA, PIN – 686661. |
| 6 | THE STATION HOUSE OFFICER, PIRAVOM POLICE STATION, PIRAVOM, PIN – 686664. |
| 7 | K.M.JACOB ALIAS YACOBE, AGED ABOUT 65, S/O.MATHAI, KOLLAMPARAMBIL HOUSE, ANACHALPETTY P.O. PAMPAKUDA VIA, ONAKKOOR VILLAGE, MUVATTUPUZHA., PIN – 686667. |
| 8 | JOY K.J (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), KOONANIKKAMALAYIL (NARAKKATTU), PERIAPPURAM P.O., ONAKKOOR SOUTH, PAMPAKUDA VIA, ONAKKOOR VILLAGE, PIN – 686610. |
| 9 | ROY V.J. (AGE AND FATHER'S 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., |
RP NO.179/2022 in WP(C)NO.13556/2020
-3-
PUTHENCRUZ, ERNAKULAM, PIN – 682308.
*ADDL.R11 AJO P.GEORGE, AGED 38 YEARS, S/O GEORGE P.C., PUTHUSSERIL HOUSE, PERIYAPPURAM P.O., ONAKKOOR VILLAGE, ONAKKOOR KARA PIN-686667.
*ADDL.R11 IS IMPLEADED AS PER ORDER DATED 27/05/2022 IN I.A NO.1/22 IN RP NO.179/2022 IN WP(C) 13556/2020.
BY ADVS.K.RAMAKUMAR (SR.) S.M.PRASANTH BIJU K.C. SMT.PARVATHY K, GP
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 02.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP NO.179/2022 in WP(C)NO.13556/2020
-4-
ORDER
This petition, seeking review of the order
of this Court dated 25.11.2021, has been filed, averring that the direction to offer sacrament on the basis of updation of the Parish Register is against the Scheme of 1934 Constitution and “ the age old practice that has been in vogue .” (sic).
of the petitioners would be sufficient to seek a review of the judgment, particularly when it was issued after hearing both sides and examining the 1934 Constitution.
Government Pleader, also says that a third party has filed an appeal against the judgment in question.
RP NO.179/2022 in WP(C)NO.13556/2020
-5-
In the afore circumstances, I close this
Review Petition, finding it to be unnecessary.
Sd/-
DEVAN RAMACHANDRAN JUDGE
akv
2 issues framed by the court
Whether the assertions by petitioners regarding the Scheme of 1934 and age-old practices suffice to warrant a review of the interim order.
Whether the close of the review petition is justified given the existence of a third-party appeal.
ST.IGNATIOUS ORTHODOX SYRIAN CHURCH (ONAKKOOR SEHIYON) AND ANS
THE STATE OF KERALA AND ANS
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
