GEE VARGHESE KATHANAR Vs. FR BABY

JUDGEMENT

(1.) The fight between two factions of the Jacobite Christians has given rise to this proceedings. To start with the dispute related to their rights over Mar Ougen Church, Maravanthuruth and cemetry attached to it. Consequent on that dispute, proceedings under S.145(1) of the Code of Criminal Procedure were initiated before the Sub Divisional Magistrate, Palai in M.C. No.6/78. Preliminary order under S.145 (1) was issued on 23-3-1978. On the same day the learned Magistrate initiated proceedings under S.146(1) of the Code of Criminal Procedure. By that order the entire Church and all its properties including the cemetry were placed under the custody of the Village Officer, Kulasekharamangalam as receiver. The rival parties thereupon approached the civil court by filing suits. Those suits are still pending. When the Sub Divisional Magistrate proceeded with the trial of M.C. 6/78, "A" party to the proceedings approached this court by filing Crl. M.C. 509/81. By order dated 26-9-1981 this court directed the Magistrate not to proceed with

(2.) By order dated 28-5-1981, the learned Sub Divisional Magistrate ordered that B party 2 may conduct the burial ceremony in the cemetry of the Church under dispute till further orders or till the case is finally disposed of whichever is earlier. While the matters stood like that, B party 2 moved a petition before the Sub Divisional Magistrate for permission to allow the Catholicos of the East and not less than 3 Bishops of their group to enter the cemetery and to take part in the funeral ceremony that has to take place on the death of Rev. Fr. Joseph Cor Episcopa B party 1. They also prayed for sanction to erect a tomb for him. The learned Sub Divisional Magistrate by order dated 11-4-1988 declined the sanction for the presence of Bishops or higher religious dignitaries in the cemetery during the funeral ceremony. The request for erection of the tomb was allowed subject to the following conditions:

(3.) Sri. T. Devassia, learned counsel appearing for the petitioners raised 3 points for consideration. They are:-