Kolencherryppally Civil Case
- Dear Moderator
I am perturbed, perplexed and grieved by the official statement of the Hon'ble Chief Minister that the judgement of the civil court in the above case, which is under appeal, will be implemented by the Government if the two warring churches fail to reach an amicable settlement within fifteen days. This is indeed an advice to the orthodox church to say for the said fifteen days "We don't agree" to each and every formula that the Government may evolve when the orthodox church can demand implementation of the judgement under appeal and the Government will have to stand by the words of the Hon'ble Chief Minister.
In this connection I beg to submit I have a simple question or two in the matter.
My first question is: Whether the Kerala Government represented by the Chief Secretary/ the District Collector is impleaded as one of the defendants in the case and whether there is any direction to the Government in the judgement ?. If the answer is " YES" the Government can act accordingly.
My second question is: Whether the orthodox church has obtained a decree in the Kolencherry Church case and whether the orthodox church has filed any petition for execution of the decree before the court of competent jurisdiction ?.If the answer is "YES", the said executing court, if deemed fit, will seek the assistance of the Civil Authorities (District Collector/District Police Chief) for executing the decree and then and then only the Government will come in the picture
We are all aware of the fact that the Orthodox Church was clamouring for the implementation of the judgement of the Hon'ble Supreme Court in the Church Case even before the Hon'ble Supreme Court's passing any decree. The Hon'ble Supreme Court in due course of law passed a decree on the basis of the judgement.Again the Orthodox Church was every now and then finding fault with the Government for not implementing the judgement.. But as per the law of the land, the Jacobite Church filed a petition for execution of the decree.. The Orthodox Church opposed in the Hon'ble High Court the execution of the decree in vain and then moved the Hon'ble Supreme Court with the result that the decree was not and could not be executed in accordance with law. The argument of the orthodox church was that there was nothing to be executed as per the decree. But the orthodox church is now eager to execute the decree the execution of which was objected to by the orthodox church with tooth and nail up to the level of the Hon'ble Supreme Court.This is double talk and it amounts to estoppel. Two execution petitions (one by Jacobites and the other by orthodoxians) for a single decree !!!!!.This double jeopardy in unheard in this whole world. In my humble view the supreme court decree has become inexecutable with the order of the Hon'ble Supreme Court that no other points are raised and no other orders are issued when the whole matter finally came up before the Hon'ble Court.
V T John