IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP(C).No. 382 of 2010(O)
1. GEORGE PAULOSE
... Petitioner
Vs
1. ST.MARY'S ORTHODOX (JACOBITE) CHURCH
... Respondent
For Petitioner :SRI.S.SREEKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :20/10/2010
O R D E R
THOMAS P.JOSEPH, J.
====================================
O.P(C) No.382 of 2010
====================================
Dated this the 20th day of October, 2010
J U D G M E N T
Advocate Shri Sajan Varghese takes notice for respondents.
Heard counsel on both sides.
2. This petition is in challenge of order dated October 11,
2010 passed by the learned Additional District Judge-I, Ernakulam
on I.A. Nos.5108 and 5135 of 2010 in O.S. No.1 of 2008 of that
court. Petitioners before me filed the suit for various reliefs
alleging that respondent No.1 – St.Mary’s Orthodox (Jacobite)
Church, Mullaringadu, is Governed by the 1934 Constitution
approved and upheld by the Supreme Court in the decision
reported in P.M.A. Metropolitan v. Moran Mar Marthoma (AIR 1995
SC 2001). That contention is however resisted by the
respondents. While the suit was pending one Paulose Mathai who
according to the petitioners is a parishioner of respondent No.1
fell seriously ill and was admitted in the hospital. Anticipating that
he may not survive, petitioners filed I.A. No.5135 of 2010 seeking
permission of learned Additional District Judge to bury the body of
said Paulose Mathai in case of his death in the cemetry attached to
O.P(C) No.382 of 2010
-: 2 :-
respondent No.1-Church. I.A. No.5108 of 2010 was filed to
advance hearing of the suit and the application. Learned
Additional District Judge disposed of I.A. No.5108 of 2010 vide
Ext.P4, order stating that there is no justifiable reason to advance
hearing of suit since case is posted on 06.11.2010 and Paulose
Mathai is still alive. In the light of dismissal of I.A.No.5108 of 2010
I.A. No.5135 of 2010 (seeking permission to bury the body of
Paulose Mathai in case of his death) was closed as per Ext.P5,
order. Those orders are under challenge in this Original Petition.
Learned counsel for petitioners without going into the respective
contentions raised by the parties in the suit states that Paulose
Mathai expired on 19.10.2010 and that his body is kept in the
mortuary of Dharmagiri Hospital at Kothamangalam awaiting
orders from court for burial in the cemetry of respondent No.1.
Learned counsel states that the matter is urgent and hence
necessary orders may be passed on I.A. No.5135 of 2010.
According to the learned counsel mental agony of close relatives
of the deceased also may be taken into account. Learned counsel
for respondents reiterated the contentions of respondents in the
suit but in all fairness agreed that body of the late Paulose Mathai
could be buried in the cemetry attached to respondent No.1
O.P(C) No.382 of 2010
-: 3 :-
(church) but without Priests of the Orthodox faction attending
burial in the cemetry or offering religious rites in the cemetry.
This suggestion is agreeable to the petitioners also as
represented by learned counsel.
3. Leaving aside the contentions parties have raised in
the suit to be decided by the trial court, I consider it appropriate
to issue directions in the lines now parties have agreed before me
so that body the late Paulose Mathai could be laid to rest without
delay. Hence the suggestion made by the parties is accepted and
recorded.
Resultantly, this Original Petition is allowed in the following
lines:
(a) Dismissal of I.A. No.5135 of 2010 is set aside and that
application is allowed in the following lines:
(i) The body of the late Paulose Mathai referred to in
I.A.No.5135 of 2010 is allowed to be buried in the cemetry
attached to respondent No.1-Church.
(ii) The place for burial in the said cemetry shall be
decided and pointed out by the present Managing Committee of
respondent No.1-Church and conveyed to petitioner No.1 before
5.00 p.m., this day (20.10.2010) itself.
O.P(C) No.382 of 2010
-: 4 :-
(iii) It is directed that Priests (including Vicar) of neither
faction shall be present in the cemetery for the burial.
Above directions are made without prejudice to the
contentions raised by the parties.
THOMAS P. JOSEPH, JUDGE.
vsv