Mar Athanasius College Association v. Marthoma Cheriya Pally, Kuruppampady and others (FAO No.46 of 2020)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN THURSDAY, THE 9[th] DAY OF DECEMBER 2021 / 18TH AGRAHAYANA, 1943 FAO NO. 46 OF 2020 AGAINST THE ORDER DATED 07.03.2020 IN I.A.No.7/2020 IN OP(Society) No.8/2020 OF DISTRICT COURT, ERNAKULAM ## APPELLANTS/RESPONDENTS: - 1 MAR ATHANASIUS COLLEGE ASSOCIATION, KOTHAMANGLAM, KOTHAMANGALAM KARA, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK, REPRESENTED BY ITS SECRETARY. 2 DR. WINNY VARGHESE, AGED 55 YEARS, S/o M.P VARGHESE, MANJUMMEKUDIYIL, KEERAMPARA KARA, PINDIMANA VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM. BY ADVS. SRI.P.RAVINDRAN (SR.) SRI.GEORGE JACOB (JOSE) ## RESPONDENTS/PETITIONERS: 1 MARTHOMA CHERIYA PALLY KOTHAMANGALAM, REPRESENTED BY ITS PRESENT VICAR. FR. THOMAS PAUL RAMPAN, AGED 46 YEARS, S/o LATE PAULOSE, RESIDING AT MARACHERIL HOUSE, KUTHUKUZHI KARA, KOTHAMANGALAM, PIN 686 691. 2 MARTHMARAIYAM VALIYA PALLY KOTHAMANGALAM, REPRESENTED BY ITS PRESENT VICAR FR.K.K. MARKOSE, AGED 68 YEARS, S/o THOMAS KURIAN, RESIDING AT GREGORIAN MEN'S HOSTEL, SILENT VALLEY, KALANAGAR, KOTHAMANGALAM, PIN 686 691. 3 ST. MARY'S ORTHODOX/JACOBITE CHURCH KURUPPAMPADY, REPRESENTED BY ITS PRESENT VICAR, V. REV. V.V. BEHANAN COR-EPISCOPPA, AGED 86 YEARS, S/o VARGHESE, RESIDING AT VARIKKALAYIL, NARAKATHU HOUSE, AIRAPURAM P.O, KEEZHILLAM, MANNOOR, PERUMBAVOOR, PIN 683 541. 4 ST. PETER'S AND ST. PAUL'S ORTHODOX SYRIAN CHURCH, KOLENCHERY, REPRESENTED BY ITS PRESENT VICAR FR. JACOB KURIAN, S/o KURIAN, RESIDING AT CHEMMANAM, VELAMATTTHIL FAO No.46 of 2020 2 HOUSE KUNNAPPAILLY, PERUVA P.O, KOTTAYAM 686 610. 5 ST. MARY'S CHURCH KARAKUNNAM, MUVATTUPUZHA, REPRESENTED BY ITS PRESENT VICAR FR. KURIAKOSE MATHEW, AGED 32 YEARS S/o P.K. MATHAI, RESIDING AT PALLIPPATTU HOUSE, AYIRAPURAM P.O, PERUMBAVOOR, PIN - 683 541. 6 FR. JOHNS ABRAHAM, S/o FR. ABRAHAM MALPAN, RESIDING AT KONATTU HOUSE, PAMPAKUDA P.O., PAMPAKUDA, MUVATTUPUZHA, ERNAKULAM, PIN 686 667. 7 K.V. JAMES, AGED 63 YEARS, S/o K.E. VARKEY, RESIDING AT KATTANGANAL HOUSE, THANKALAM, KOTHAMANGALAM P.O., ERNAKULAM, P.O. ERNAKULAM - 686 691. 8 ST. JOHN'S CHURCH, KANYATTUNIRAPPU, CHENGAMANADU, MAMALA P.O, REPRESENTED BY ITS PRESENT VICAR FR. JOHN MOOLAMATTOM, AGED 52 YEARS, S/o FR. P.M. KURIAKOSE, RESIDING AT MOOLAMATTATHIL HOUSE, NECHOOR P.O., PIRAVOM, ERNAKULAM, PIN 686 664. 9 MAR THOMA SEHIYON CHURCH, INCHOOR, VARAPPETTY, KOTHAMANGALAM, REPRESENTED BY ITS PRESENT VICAR FR. ELDHOSE THELAPPILLY, AGED 53 YEARS, S/o VARGHESE T.V., RESIDING AT THELAPPILLY HOUSE, CHIRANGARA, KORATTY EAST. P.O., THRISSUR, PIN 680 308. 10 ST. GEORGE HEBRON JACOBITE @ ORTHODOX SYRIAN CHURCH, NAGANCHERRY, PANIPRA P.O., KOTTAPPADY, REPRESENTED BY ITS PRESENT VICAR FR. KURIAKOSE MATHEW, AGED 32 YEARS, S/o P.K. MATHAI, RESIDING AT PALLIPPATTU HOUSE, IRAPURAM P.O, PERUMBAVOOR, PIN 683 541. 11 THE TRUSTEE, ST. MARY'S CHURCH MANARCAD, KOTTAYAM, REPRESENTED BY ITS PRESENT TRUSTY MR. SANTHOSH GEORGE, AGED 50 YEARS, S/o FR. GEORGE MOOLAYIL, RESIDING AT MOOLAYIL HOUSE, MANARCADU P.O., KOTTAYAM, PIN 686 019. 12 MARTHAMARIYAM PALLY, RAKKAD, MUVATTUPUZHA, REPRESENTED BY ITS PRESENT VICAR FR. AJITH JOSEPH, AGED 31 YEARS, S/o P.D. JOSEPH, RESIDING AT PUTHUPARAMBIL HOUSE, KULANADA P.O., PANDALAM, PATHANAMTHITTA, PIN 689 503. FAO No.46 of 2020 3 13 ST. GEORGE (ORTHODOX) SYRIAN CHURCH, MANNATHOOR, REPRESENTED BY ITS PRESENT VICAR FR. ALIAS JOHN, AGED 55 YEARS, S/o FR. M.C. JOHN, VICAR, RESIDING AT MANNATHIKKULAM HOUSE, ONAKKOOR P.O., MUVATTUPUZHA, ERNAKULAM, KERALA, PIN 686 667. 14 ST. MARY'S CHURCH, KANDANADU, THRIPPUNITHURA, REPRESENTED BY ITS PRESENT VICAR FR. ISSAC MATTEMMEL COREPISCOPA, AGED 68 YEARS, S/o MATHAI, RESIDING AT MATTEMMEL HOUSE, MULANTHURUTHY P.O., ERNAKULAM, PIN 682 314. 15 ST. GEORGE CHURCH, PERIYAMBRA, PUTHUPERIARAM P.O., THODUPUZHA, REPRESENTED BY ITS PRESENT VICAR, FR. ABRAHAM KARAMEL, AGED 53 YEARS, S/o. K.A. VARGHESE, PRESIDING AT KARAMEL HOUSE, MUDAVOOR P.O., MUVATTUPUZHA, PIN 686 669. 16 GATHSEEMON CHURCH, PUNNEKKAD, KEERAMPARA P.O., REPRESENTED BY ITS PRESENT VICAR FR. NOBIN PHILIP, AGED 29 YEARS, S/o THAMPAN ANDREWS, RESIDING AT MANALEL HOUSE, VELOOR P.O., KOTTAYAM, PIN 686 003. 17 MAR KAUMA CHURCH, VENGOOR, REPRESENTED BY ITS PRESENT VICAR, FR. BOBY VARGHESE, AGED 46 YEARS, S/o VARGHESE, RESIDING AT KAITHAKUDY HOUSE, KEEZHILLAM P.O., MANNOOR, PERUMBAVOOR, ERNAKULAM, PIN 683 541. 18 SYRIAN JACOBITE @ ORTHODX CHURCH ANGAMALY, REPRESENTED BY ITS PRESENT VICAR FR. RIJO MATHEW, AGED 27 YEARS, S/o P.G. MATHEW, RESIDING AT POOTHAPARACKAL HOUSE, MUNDUKOTTACKAL P.O., PATHANAMTHITTA, PIN 689 649. 19 ST. JOHN'S CHURCH, KAVALANGADU, REPRESENTED BY ITS PRESENT VICAR FR.P.V. PHILIP, AGED 70 YEARS, S/o POTHEN, RESIDING AT ARIMPANCHIRAYIL HOUSE, PULINTHANAM P.O., POTHANICADU, MUVATTUPZUHA, ERNAKULAM, PIN 686 671. 20 THRIKKUNNATH MAR YOUHANON MAMDONO CHURCH, PINDIMANA, CHELAD, REPRESENTED BY ITS PRESENT VICAR FR. BOBY VARGHESE, AGED 46 YEARS, S/o K. VARGHESE, RESIDING AT KAITHAKUDY HOUSE, KEEZHILLAM P.O., MANNOOR, PERUMBAVOOR, ERNAKULAM, PIN 683 541. FAO No.46 of 2020 4 |21|JACOBITE @ ORTHODOX SYRIAN CHURCH, AKAPPARAMBU,| |---|---| ||REPRESENTED BY ITS PRESENT VICAR. FR. BOBY VARGHESE,| ||AGED 46 YEARS, S/o VARGHESE, RESIDING AT KAITHAKUDY| ||HOUSE, KEEZHILLAM P.O, MANNOOR, PERUMBAVOOR,| ||ERNAKULAM, PIN 683 541.| |22|ST. MARY'S CHURCH, SOUTH MARADY, MUVATTUPUZHA,| ||REPRESENTED BY ITS PRESENT VICAR FR. NORBIN PHILIP,| ||AGED 29 YEARS, S/o THAMPAN ANDREWS, RESIDING AT MANALEL| ||HOUSE, VELOOR P.O., KOTTAYAM, PIN 686 003.| |23|ST. GEORGE BETHLEHEM JCOBITE @ ORTHODOX CHURCH,| ||MANOOR, KEEZHILLAM, REPRESENTED BY ITS PRESENT VICAR| ||FR. YACOB THOMAS, AGED 41, S/o.K.P. THOMAS,| ||RESIDING AT THRIKKUNNATH SEMINARY, P.B. NO. 61,| ||ALUVA, ERNAKULAM, PIN 683 310.| |24|ST. GEORGE CHURCH, THRIKKALATHOOR, KEEZHILLAM,| ||REPRESENTED BY ITS PRESENT VICAR FR. ELDHO KURIAKOSE,| ||AGED 30 YEARS, S/o P.M. KURIAKOSE, RESIDING AT| ||PADINJAREKUDIYIL HOUSE, MANCHAND, NELLAD P.O.,| ||MUVATTUPUZHA, ERNAKULAM, PIN 686 721.| |25|HOREB CHURCH, VAVELI, VADAKKUMBHAKAM, KOOTTAPPADY,| ||REPRESENTED BY ITS PRESENT VICAR FR. THOMAS PAUL RAMPAN,| ||AGED 46 YEARS, S/o LATE PAULOSE,| ||RESIDING AT MARACHERIL HOUSE, KUTHUKUZHI KARA,| ||KOTHAMANGALAM, ERNAKULAM, PIN 686 691.| |26|ST. GEORGE CHURCH, KEEZHMURI, RAMAMANGALM,| ||REPRESENTED BY ITS RESENT VICAR FR. ABRAHAM.K. JOHN,| ||AGED 42 YEARS, S/o JOHN ABRAHAM,| ||RESIDING AT KOCALAMCOTTU HOUSE, UDUMBANNOOR P.O.,| ||THODUPUZHA, IDUKKI, PIN 685 595.| |27|ST. MARY'S CHURCH, THAMARACHAL, KIZHAKKAMBALAM,| ||REPRESENTED BY ITS PRESENT VICAR FR.K.K. VARGHESE,| ||AGED 53 YEARS, S/o VARKEY KURIAKOSE,| ||RESIDING AT KARIMPANACKAL HOUSE, NORTH MAZHAUVANNOOR P.O,| ||VALAMBUR, PATTIMATTOM, ERNAKULAM, PIN 686 669.| |28|ST. MARYS CHURCH, PALLIKKARA, KUMARAPURAM,| ||REPRESENTED BY ITS PRESENT VICAR FR. JOHN K. JACOB,| ||AGED 31 YEARS, S/o JACOB K.P.,| ||RESIDING AT KALATHIPARAMBIL HOUSE, CHALAKUZHYMURI,| FAO No.46 of 2020 5 AZHYADATHUCHIRA P.O., THIRUVALLA, PIN 689 113. |29|ST. PETER'S CHURCH, KADATHY, MUVATTUPUZHA,| |---|---| ||REPRESENTED BY ITS PRESENT VICAR FR. C.A. PAULOSE,| ||AGED 63 YEARS, S/o ALIAS, RESIDING AT CHENNAKKATTU HOUSE,| ||VARIKKOLI P.O., MATTAKKUZHY, ERNAKULAM, PIN 682 308.| |30|ST. MARY'S CHURCH, THENGODU, KAKKANADU,| ||REPRESENTED BY ITS PRESENT VICAR FR.K.K. VARGHESE,| ||AGED 53 YEARS, S/o VARKEY KURIAKOSE,| ||RESIDING AT KARIMPANACKAL HOUSE, NORTH MAZHAUVANNOOR P.O,| ||VALAMBUR, PATTIMATTOM, ERNAKULAM, PIN 686 669.| |31|ST. BAHANAN'S SYRIAN CHURCH, VENGOLA,| ||REPRESENTED BY ITS PRESENT VICAR FR. ELDHO ALIYAS,| ||AGED 44 YEARS, S/o. T.M. ALIAS,| ||RESIDING AT THAMARAPPILLIL HOUSE, POOPARA P.O.,| ||SHANTHANPARA, IDUKKI, PIN 685 619.| |32|SEHIYON CHURCH, NELLIMOLATH, RAYAMANGALAM,| ||REPRESENTED BY ITS PRESENT VICAR FR. ELDHO KURIAKOSE,| ||AGED 30 YEARS, S/o P.M. KURIAKOSE,| ||RESIDING AT PADINJAREKUDIYIL HOUSE, MANCHANAD,| ||NELLAD P.O., MUVATTUPUZHA, ERNAKULAM, PIN- 686 721.| |33|ST. MARY'S CHURCH, THURUTHIPPILLY, ALLAPRA P.O.,| ||PERUMBAVOOR, REPRESENTED BY ITS PRESENT VICAR FR. ELDHO| ||ALIYAS, AGED 44 YEARS, S/o T.M. ALIAS,| ||RESIDING AT THAMARAPPILLIL HOUSE, POOPARA P.O.,| ||SHANTHANPARA, IDUKKI, PIN 685 619.| |34|ST. MARY'S CHURCH, KRARIYELI, VENGOOR,| ||REPRESENTED BY ITS PRESENT VICAR FR. YACOB THOMAS,| ||AGED 41 YEARS, S/o K.P. THOMAS,| ||RESIDING AT THRIKKUNNATH SEMINARY,| ||P.B. NO. 61, ALUVA, ERNAKULAM, PIN 683 101.| |35|THRIKKUNNATH SEMINARY, ALUVA, REPRESENTED BY ITS PRESENT| ||MANAGER, FR. YACOB THOMAS, AGED 41 YEARS,| ||S/o K.P. THOMAS, RESIDING AT THRIKKUNNATH SEMINARY,| ||P.B . NO. 61, ALUVA, ERNAKULAM, PIN 683 101.| |36|ST. JOHN'S ORTHODOX CHURCH, KUMARAKAM,| ||REPRESENTED BY ITS PRESENT VICAR FR. JEO JOSEPH,| ||AGED 32 YEARS, S/o JOSEPH P.M, RESIDING AT MAR BASELIOS,| FAO No.46 of 2020 6 ||NJALIYAMKUZHI DAYARA, VAKATHANAM P.O,| |---|---| ||KOTTAYAM, PIN 686 538.| |37|ST. GEORGE'S SYRIAN CHURCH, KADAMATTOM, KOLENCHERY,| ||REPRESENTED BY ITS PRESENT VICAR FR. JOSEPH MALAYAIL,| ||AGED 50 YEARS, S/o M.M. VARGHESE,| ||RESIDING AT MALAYIL HOUSE, PAMPAKUDA, ANCHALPETTY P.O.,| ||ERNAKULAM, KERALA STATE, PIN 686 667.| |38|THE TRUSTY, ST. KURIAKOSE CHAPPEL, MONIPPILLY,| ||AYYAMBILLY, REPRESENTED BY ITS PRESENT THRUSTY| ||MR. ROY K. KORATH, AGED 49 YEARS, S/o K.I. KORATH,| ||RESIDING AT KOCHAKKAN HOUSE, KOLADY ROAD,| ||PALLATHAMKULANGARA, AYYAMPILLY P.O.,| ||ERNAKULAM, PIN 682 501.| |39|ST. MARY'S ORTHODOX CHURCH, UMMINIKUNU, POTHANICADU,| ||REPRESENTED BY ITS VICAR FR.K.K. MARKOSE, AGED 68 YEARS,| ||S/o THOMMAS KURIAN, RESIDING AT GREGORIAN MEN'S HOSTEL,| ||SILENT VALLY, KALANAGAR, KOTHAMANGALAM, PIN 686 691.| |40|PROF. KOCHUMATHEW .M. JOSEPH, S/o JOSEPH M.M.,| ||AGED 60 YEARS, RESIDING AT SRAKATH HOUSE,| ||COLLEGE JUNCTION, GREENS ROAD, KOTHAMANGALAM,| ||ERNAKULAM, PIN 686 691.| |41|JAMES VARGHESE, S/o. N.M. VARGHESE, AGED 73 YEARS,| ||RESIDING AT NEDUMCHALIL HOUSE, MUDAVOOR P.O.,| ||MUVATTUPUZHA, ERNAKULAM, PIN 686 669.| |42|JOLLY VARGHESE, S/o P.V. VARKEY, AGED 55 YEARS,| ||RESIDING AT PADINJATTIL HOUSE, 31/1321, CONVENT ROAD,| ||PONNURUNNI, VYTTILA, ERNAKULAM, PIN 682 019.| |43|E.T. JOSEPH, AGED 65 YEARS,| ||S/o E.K. JOSEPH, RESIDING AT ALAMPALLY,| ||TEMPLE ROAD, ALWAYE, ERNAKULAM, PIN 683 101.| |44|ABRAHAM.P. MATHEWS, AGED 57 YEARS,| ||S/o P.P. MATHAI, RESIDING AT PUNNACKAPPILLIL HOUSE,| ||MAVELIPURAM, KAKKANADU, ERNAKULAM, PIN 682 030.| |ADDL.R45|DIXON EALIAS, AGED 55 YEARS, S/o M.C. ELIAS,| ||RESIDING AT MEEKAMALIL HOUSE, METHALA P.O.,| ||ASAMANNOOR VILLAGE, KUNNATHUNADU TALUK,| FAO No.46 of 2020 7 ERNAKULAM DISTRICT, PIN – 683 545. (ADDITIONAL R45 IS IMPLEADED AS PER ORDER DATED 25.03.2021 IN I.A.No.3/2021) R1 TO R44 BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.ROSHEN.D.ALEXANDER SMT.TINA ALEX THOMAS SRI.HARIMOHAN R45 BY ADVS. SRI. K.K.APPU SMT.K.J.ARSHA SRI. AYNOSH MICHAEL P.S. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 09.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: FAO No.46 of 2020 8 ## **JUDGMENT** It is pertaining to a society registered under Cochin Registration of Literary, Scientific and Charitable Societies Act, 1088. The suit was instituted for framing a Scheme and for removal of existing office bearers of Managing Committee. During the pendency, the attempt on the part of present Managing Committee to convene a meeting for incorporating an amendment was restrained by an order of injunction, against which, this appeal. 2. The trial court issued interim injunction mainly on two grounds that the proposed amendment would take away the very purpose and object of the society and that the parties are governed by 1934 Constitution as settled by the Apex Court in **K.S.Varghese v. Saint Peters and Saint Paul's Syrian Orthodox Church [(2017) 15 SCC 333].** 3. During the pendency of a suit for framing a scheme and removal of existing Managing Committee, it is neither permissible nor advisable to allow the Managing Committee to amend their constitution/bye-law at their whims and fancies. The proposed amendment for altering the purpose FAO No.46 of 2020 9 and object of the society during the pendency of the suit cannot be allowed. As such, the interim injunction granted by the trial court deserves no interference, but a fatal mistake has been committed by the trial court with respect to the application of 1934 Constitution as settled by the Apex Court in **K.S.Varghese** 's case (supra). It is a society registered under the state law and has its own legal entity and bound by the bye-law as well as the Act under which the society was registered. The mere fact that some of the members or majority of the members belong to a particular sect may not have any relevancy in determining the nature of the society or its administration. It will stand strictly bound by the law and the provisions of the Act under which the society was registered. As such, 1934 Constitution pertaining to the church matters will not have any application in the administration of the society, but that question is left open for consideration at the final stage of the suit. 4. It was submitted across the Bar that as per the existing bye-law, annual general body meeting has to be conducted. Hence, permission is granted to conduct annual FAO No.46 of 2020 10 general body meeting strictly in accordance with the existing bye-law and without making any change in its constitution either by way of amendment or otherwise. It shall be done with proper notice as mandated under the byelaw. It is made clear that the decision, if any taken in the general body meeting will stand subject to the decision that may be rendered in the suit. The appeal is dismissed with the abovesaid directions. Sd/- **P.SOMARAJAN JUDGE** DMR/-