K.P.KURIAN Vs. PASTOR P.V.ISSAC

JUDGEMENT

(1.) Petitioner was/is a pastor and the first respondent is another pastor in the second respondent Indian Pentecostal Church. The petitioner had worked as such at Ebanissar church at Amalloor near Thiruvalla for 16 years. His superior authorities transferred him to another church and posted a new pastor in his place. He refused to comply with the transfer order. Disputes arose in the church between members of the church supporting the petitioner and the new paster. There were civil and criminal cases with regard to the dispute. The Sub Divisional Magistrate took action under the Cr.P.C . In writ petition 29816 of 2014 this court directed the Sub Divisional Magistrate to take a decision with regard to the dispute. Accordingly, the Sub Divisional Magistrate passed the impugned order by which the petitioner has been directed to vacate the parsonage in which he is staying and allowing the new paster who is the first respondent in this case to take charge as the paster of the church. This is challenged.

(2.) Heard the learned counsel for the petitioner and the respondents and the learned Public Prosecutor.

(3.) The petitioner claims that he is in possession of the properties of the church. He is only a pastor. A pastor can never claim possession of the church in which he is working. He has no possession but only occupation. He is only custodian of the properties. He can stay and manage the properties only so long as he is a pastor. Once he ceases to be a paster of a church, he cannot occupy the properties and manage them. So the crucial question in this case is whether the petitioner can function as pastor of the disputed church.