Dear Thirumeni,
I am Nithin. The last date given by the govt on kolenchery has expired.We should not put our decisions back.we should get what we asked.but last day when i was just looking in the site http://www.niyamasabha.org in the unstarred questions http://www.niyamasabha.org/
I am attaching the pdf file i got from the site .if thirumeni has come across this early then its ok.
we should not lose this time so close all the loop holes and go forward we all will be their with our support and prayer for our church
thanking you
Question & Answer
Reply from Yuhanon Mar Milithos:
Dear Nithin,
Thank you for the mail and the document. Yes I noticed the matter, but I have not had the document with me.
This clearly shows either lack of knowledge of legal system on the part of the chief minister of Kerala, which is a shame for the whole state. Or he is playing a game (which I consider most probable one). Because, there are orders that are to be executed through a process and there are orders which does not need that. This case is one which does not have to be executed through a legal process. This is because the church was already in the custody and governance of the Orthodox Church, and it was the patriarch faction that filed a petition for election according to 1913 udambadi and to hand over the ones elected. The court rejected this application and the Church remains to be governed by the Orthodox Church. If the court had ordered otherwise, they would have needed a legal procedure for execution. Poor Keralites whose cm does not know even the basics of legal system of India.
Regards and prayers
Thirumeni
I am Nithin. The last date given by the govt on kolenchery has expired.We should not put our decisions back.we should get what we asked.but last day when i was just looking in the site http://www.niyamasabha.org in the unstarred questions http://www.niyamasabha.org/
I am attaching the pdf file i got from the site .if thirumeni has come across this early then its ok.
we should not lose this time so close all the loop holes and go forward we all will be their with our support and prayer for our church
thanking you
Question & Answer
Reply from Yuhanon Mar Milithos:
Dear Nithin,
Thank you for the mail and the document. Yes I noticed the matter, but I have not had the document with me.
This clearly shows either lack of knowledge of legal system on the part of the chief minister of Kerala, which is a shame for the whole state. Or he is playing a game (which I consider most probable one). Because, there are orders that are to be executed through a process and there are orders which does not need that. This case is one which does not have to be executed through a legal process. This is because the church was already in the custody and governance of the Orthodox Church, and it was the patriarch faction that filed a petition for election according to 1913 udambadi and to hand over the ones elected. The court rejected this application and the Church remains to be governed by the Orthodox Church. If the court had ordered otherwise, they would have needed a legal procedure for execution. Poor Keralites whose cm does not know even the basics of legal system of India.
Regards and prayers
Thirumeni
14 comments:
THIS IS OPPOSITE OF WHAT CM TOLD TO MEDIA ON SEP 18th...
THIS SHOWS THE GOVT'S DOUBLE STAND...
WE CANT EXPECT JUSTICE FROM THIS GOVT...
WE CAN'T BELIVE THIS GOVT AND SO WE SHOULD STOP ALL THE DIALOGS WITH THIS GOVT.....
WE SHOULD START PROTEST AGAINST GOVT'S DOUBLE STAND...
WE CANT EXPECT JUSTICE FROM THIS GOVT...
Dear All
"pothu Janathe Kazhuthakalaakkum UDF sarkar and Ommen Chandy Chief minister"
Ivide Praythakichu court ruling Execute order cheyyenda avashyamilla!
1934-le Bharanaghadana anusarichu
bharikkapedenta palli orthodox vibagathinte anennu kodathi
vidhi mathram mathi!
6] The Division Bench of Kerala High Court in a learned judgement running to 57
pages rejected all the contentions of the Orthodox Faction and held that the
Puthencruz Church is a public trust of a religious and charitable nature. Appeal
was dismissed confirming the judgement of the First Additional District
Court,Ernakulam,
7] The result of the Judgement is that the interim direction allowing the
Orthodox Faction to conduct religious services/Qurbana in the Puthencruz Church
comes to an end. An oral request made by the Counsel to the Division Bench of
the High Court immediately after pronouncement of the judgement to maintain
status quo was rejected,
8] However, in paragraphs 28 and 29 ,the High Court of Kerala have issued the
following warnings to both the factions, viz;
“ 28. A peep into the past indicates that these Churches are possessed of
appreciable temporalities which explains the avaricious scramble for possession
and power by the two warring factions even where the assets belong to the
ALMIGHTY. Both sides are under the grip of chronic litigation fever which keeps
on waxing and waining as manifested even through the interlocutory applications
which are invariably fought up to the High Court, if not still higher. Judicial
analgesics and febrifuges have failed to give sustainable results thus calling
for the need to administer stronger and more bitter medicines. Experience shows
that where temporalities flourish there is always an avaricious scramble for
power even where the assets belong to the Almighty. It is the maladministration
in religious institutions which is the main cause for quasi-judicial intrusions
into areas of religious worship notwithstanding the fact that secularism and
religious freedom are guaranteed fudamendal rights under the Constitution of
this Country. Once there is avoidable executive and bureaucratic interference
into such sensitive areas, the problems of overdoing, undoing or non-doing by
the instrumentalities of the State and the consequential administrative,
quasi-judicial or judicial reviews also crop in. Even in areas which are
seemingly impervious to judicial, probe, we have seen the beneficial virus of
judicial review exploring ameliorative possibilities and translating into
reality the well-being of the mankind. The verdict of the Apex Court in All
India Imam Organisation Vs Union of India-1993[3] SCC 584 was a breakthrough
gesture of judicial creativity in that direction,
29. The Warring factions of the religious denomination should, however, remember
that whatever be the sweep and amplitude of the constitutional guarantee to
profess, practice and propagate religion, there is a corresponding fundamendal
duty cast on every citizen under Article-51-A of the Constitution of India to
abjure violence and to prom ote harmony and the spirit of common brotherhood
amongst all the people of India transcending, inter alia, religious
diversities.[See also Sri.Adi Visheshwara of Kasi Viswanath Temple,Varanasi and
others v State of U.P and Others [1997] 4 SCC 606]. THE POWER OF THE COURT
EXERCISING JURISDICTION UNDER SECTIONS 92 C.P.C AND THE INHERENT POWER OF THE
COURT IN ANY OTHER JURISDICTIONS TO COMMIT THE SUBJECT MATTER OF DISCORD TO THE
CUSTODY OF A RECEIVER,IS A POWER POTENT ENOUGH TO DISPOSSESS AND DISABLE BOTH
THE DISPUTANTS OF THEIR RIGHT TO ADMINISTER THE CHURCH. HENCE, SUCH AN EXTREME
MEASURE WILL BE A REAL THREAT TO THOSE WHO INDULGE IN THE CUPID POWER GRAB. THE
AGITATORS WILL DO WELL IF THEY REALIZE THAT BY PROVOKING THE COURT THROUGH THEIR
UNDEMOCRATIC AND ANTI CHRISTIAN ACTIVITIES THEY STAND TO LOOSE THE VIRTUALLY
UNFETTERED RIGHT TO PROFESS, PRACTICE AND PROPAGATE RELIGION”
P J PHILIP,Advocate
Judgement on Puthencruz St Peter's And St Paul's Jacobite Church
2
3] The First Additional District Court,Ernakulam,dismissed the suit as not
5] During the pendency of the Suit and Appeal both the factions were conducting
religious services/Qurbana on alternate weeks in the Puthencruz Church.
6] The Division Bench of Kerala High Court in a learned judgement running to 57
pages rejected all the contentions of the Orthodox Faction and held that the
Puthencruz Church is a public trust of a religious and charitable nature. Appeal
was dismissed confirming the judgement of the First Additional District
Court,Ernakulam,
7] The result of the Judgement is that the interim direction allowing the
Orthodox Faction to conduct religious services/Qurbana in the Puthencruz Church
comes to an end. An oral request made by the Counsel to the Division Bench of
the High Court immediately after pronouncement of the judgement to maintain
status quo was rejected,
8] However, in paragraphs 28 and 29 ,the High Court of Kerala have issued the
following warnings to both the factions, viz;
“ 28. A peep into the past indicates that these Churches are possessed of
appreciable temporalities which explains the avaricious scramble for possession
and power by the two warring factions even where the assets belong to the
ALMIGHTY. Both sides are under the grip of chronic litigation fever which keeps
on waxing and waining as manifested even through the interlocutory applications
which are invariably fought up to the High Court, if not still higher. Judicial
analgesics and febrifuges have failed to give sustainable results thus calling
for the need to administer stronger and more bitter medicines. Experience shows
that where temporalities flourish there is always an avaricious scramble for
power even where the assets belong to the Almighty. It is the maladministration
in religious institutions which is the main cause for quasi-judicial intrusions
into areas of religious worship notwithstanding the fact that secularism and
religious freedom are guaranteed fudamendal rights under the Constitution of
this Country. Once there is avoidable executive and bureaucratic interference
into such sensitive areas, the problems of overdoing, undoing or non-doing by
the instrumentalities of the State and the consequential administrative,
quasi-judicial or judicial reviews also crop in. Even in areas which are
seemingly impervious to judicial, probe, we have seen the beneficial virus of
judicial review exploring ameliorative possibilities and translating into
reality the well-being of the mankind. The verdict of the Apex Court in All
India Imam Organisation Vs Union of India-1993[3] SCC 584 was a breakthrough
gesture of judicial creativity in that direction,
29. The Warring factions of the religious denomination should, however, remember
that whatever be the sweep and amplitude of the constitutional guarantee to
profess, practice and propagate religion, there is a corresponding fundamendal
duty cast on every citizen under Article-51-A of the Constitution of India to
abjure violence and to prom ote harmony and the spirit of common brotherhood
amongst all the people of India transcending, inter alia, religious
diversities.[See also Sri.Adi Visheshwara of Kasi Viswanath Temple,Varanasi and
others v State of U.P and Others [1997] 4 SCC 606]. THE POWER OF THE COURT
EXERCISING JURISDICTION UNDER SECTIONS 92 C.P.C AND THE INHERENT POWER OF THE
COURT IN ANY OTHER JURISDICTIONS TO COMMIT THE SUBJECT MATTER OF DISCORD TO THE
CUSTODY OF A RECEIVER,IS A POWER POTENT ENOUGH TO DISPOSSESS AND DISABLE BOTH
THE DISPUTANTS OF THEIR RIGHT TO ADMINISTER THE CHURCH. HENCE, SUCH AN EXTREME
MEASURE WILL BE A REAL THREAT TO THOSE WHO INDULGE IN THE CUPID POWER GRAB. THE
AGITATORS WILL DO WELL IF THEY REALIZE THAT BY PROVOKING THE COURT THROUGH THEIR
UNDEMOCRATIC AND ANTI CHRISTIAN ACTIVITIES THEY STAND TO LOOSE THE VIRTUALLY
UNFETTERED RIGHT TO PROFESS, PRACTICE AND PROPAGATE RELIGION”
P J PHILIP,Advocate
our leadership once again believed blindly the govt. and mediation team. this is our failure....we donot learn from the past..... the same CM of kerala who said will implement the court order now clearly says he will not do that bcs of law and order and now they are trying to make a solution..... what foolishness.... still we believe in Cm...the deadline given by the GOVt. itself , 15 days, its already over. so what the church looking for. again another strike or protest in the Sttreet and become a mimic for the other people... nothing going to happen if we believe these guys.... if we go for case we have to follow court otherwise do mediation process..... its not better to do two ways.
think twice: if for compromise we are now running then why the leadership pulled the crowd to the street one month ago and the H.H and thitumeni led the fast. ....these all are like funny things...please read read and read and satisfy that is the only thing for those who were very eager to believe and obey the words of Govt. and Omn chandy....
CM Enthinanu nuna paraunathu, Ivde ee pbm undayathinu shesham enikku ente palliyil kayaran sadhichittilla? pulliude police kar enne athinu samathichittla. Ippol randu pallum adanju kidakknu , purathu ninnu thiri kathikkam? Palli pootan collector paranjathu CM inium arinjittu ille ?
Actually CM enthanu udeshichathu? pulli Pottan kalikkua ano?????
The problem with the CM is only the difference between 72 & 68 is very small figure, let us see how long he can.
Indian Constitution nu mukalil aano 1934 le constitution? india yile pauranmaar muzhuvan ini 1934 le constitution anusarichu venamaayirikkum ivide kazhiyan
Why can't a case be filed against the CM for giving such wrong information
This is a clever statement by the Chief Minister to evade an answering about implementing court order as it stated in its letter given by the Ernakulam District admnistration on 18th Septmber.
The parliament election is just 2 years away. We should take a clear stand that NO VOTE FOR CONGRESS IF DOES NOT UPLHOLD court verdict.
I have voted against Congress in tehlast elction, though I am a Congressman. I will vote against Congress in the next election too
this is not with this govt. if the same issue occurs 1 yr back also the previous govt will also do the same thing. ppl belonging to both faction are in LDF & in UDF...
ee parayunna thirumenimarum achan marum election smayathu katti kootiya koprayangal kandathalee...
when there was issue with self financing college's any of this bishop or achan or any person raised their voice.. how much amount are these ppl asking for getting a job in the schools and colleges which is under the church..
ethu high court parayunna pole panathinu vedi ulla adi annuu.. nothing more than that...
As an Orthodox believer we should conduct a refrendum as asked by Jacobite Faction (Vikhaditha vibhagam). Why are we worrying about election when our Kandanad WESt and East metrapolitans are sure about 65% of population are Orthodox. So once they loose that election, it will be end of the Jacobite factions and we can jus take over other churches easily from them..
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