(1.) THE dispute concerns conduct of annual festival of St. Thomas, the most loved disciple of Jesus Christ in the St. Thomas Church, Nechur which the orthodox and Jacobite factions claim to be theirs. In the year, 1977 some of the Parishioners of that church owing allegiance to the orthodox faction brought a suit as O.S. No. 32 of 1977 where a decree declaring that the 1934 Constitution relied on by the orthodox faction was to be followed was granted. But the prayer for prohibitory injunction was disallowed in view of the decision in Most Rev. P.M.A. Metropolitan v. Moran Mar Marthoma (AIR 1995 SC 2001). The plaintiffs in that suit challenged the decree to the extent it disallowed prohibitory injunction, in A.S.No.844 of 1998 while the defendants in that suit preferred a cross objection against grant of declaration. This Court disposed of the appeal and cross objection on 14.10.2009 whereby the suit was dismissed for not obtaining leave under Section 92 of the Code of Civil Procedure (for short, "the Code"). Later, some of the parishioners of that Church owing allegiance to the orthodox faction brought O.S. No. 33 of 2009 in the First Additional District Court, Ernakulam (for short 'the Church Court'). In that suit, from time to time the court was passing interim orders concerning conduct of festival, etc., in the church (See Exts.P2 to P4, orders for the year, 2010, 2011 and 2012). A similar order was passed with respect to two chapels coming under the said church as per Ext. P5, dated 13.04.2012. Vide Exts. P2 to P5, time schedule was fixed by the court so that both factions could conduct either the Holy Mass or festival without friction. In Ext. P5, order dated 13.04.2012 the Church Court observed in paragraph 4,
(2.) ON 15.01.2013, the petitioners (plaintiffs in O.S. No. 33 of 2009) owing allegiance to the orthodox faction preferred this Original Petition under Article 227 of the Constitution requesting this Court to quash Ext.P5, order to the extent it made the above observation and seeking for permission to conduct the annual festival from 20.01.2013 to 23.01.2013 as permitted during the previous years..
(3.) LEARNED senior Advocate for respondents 3 and 5 argued that this Court may not exercise the supervisory jurisdiction under Article 227 of the Constitution with respect to the observation made in Ext. P5, order on 13.04.2012 in a writ petition filed after much delay, without any explanation on 15.01.2013 after announcing conduct of the festival. It is contended in the counter affidavit of respondents 3 and 5 that the Vicar who issued Ext.P6 notice dated 12.01.2013 had announced in public that whatever be the order of the court, the orthodox faction would conduct the festival (as now scheduled in Ext.P6). Apprehending that possibility, the Jacobite faction preferred Ext.P7, complaint to the local police on 07.01.2013. It is contended that attempt of the petitioners is to legalize their illegal act by obtaining an order from this Court.