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Should We File Case Against Parumala Pally?

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  • Joshy Paul
    Dear Moderator As a firm follower of Saint. Gregorious, I am dead against filing a case by our side against a place where Saint is entombed (I think this is
    Message 1 of 1 , Dec 1, 2011
      Dear Moderator

      As a firm follower of Saint. Gregorious, I am dead against filing a
      case by our side against a place where Saint is entombed (I think this
      is the sentiment of all Jacobites), and our church has pursued a policy of not file a case against a church which is under the majority control of IOC. But IOC`s penchant thirst for money and the way they
      are going ahead with the cases against Kothamangalam church has led to
      think me otherwise. Kothamangalam Church is the second largest source
      of money after parumala pally in the combined church. In this regard a
      controlling stake or a share of the income has actually been
      motivating the Devalokam leadership for long years. At the same time
      the appeal in the Supreme Court against the Kerala High Court verdict
      is also related to the Association election of IOC (2012 March 12) as
      all the current elected leaders are planning to contest again, so they
      have to show that they are the real `fighters` of IOC. Usually a case
      in SC will take minimum 3-5 years to clear the verdict.

      And in this case it is highly unlikely that IOC get a favourable
      verdict from the SC. Because if SC reject the HC verdict and allow IOC
      to get full ownership of Kothamangalam church, then the High Courts
      all of India and the Supreme Court will be flooded with cases to allow
      to implement the lower courts order even if the higher court has given
      a secondary verdict. IOC has approached the SC to implement the 1992
      HC verdict, in spite of SC has given a final verdict in the same case.

      Besides, in this type of cases court generally considers some other
      factors also apart from the argument of both sides. Court usually look
      into few other factors like historicity, i.e. what is the historical
      position, who built it, when, and the tradition, then it considers
      status quo or who possess it now, is it handed over to the current
      owner by tradition (or whether it is illegally possessed or through
      coercion or using force (gundas), then court consider legal sanctity,
      whether the current owner has violated any government rules and
      regulations, like coastal zone, forest act or any other government
      order. That is why SC in its 1995 verdict gave lot of freedom to
      individual churches.

      In the Kothamangalam case IOC has nothing to prove to establish this
      kind of supporting facts besides the proper legal base. But the danger
      is that, court may give a favour to IOC (the petitioner) by allowing
      conduct a service in Kothamangalam church, either according to the
      strength of them (though no strength) or once in a month, even that is
      a huge victory for IOC because currently the church is fully under the
      control of the Jacobites.

      In this regard, I urge the church leadership to file a case against
      parumala pally, not to close down or to put under receiver or creating
      any mayhem in the area, but as bargaining chip against the IOC, or
      perhaps with the Kerala Govt. If IOC gets a share in Kothamangalam
      church (we don`t know any clue as of now about the final verdict by
      SC) and they keep continue with full control of Parumala pally then
      `Avar midukkanmarum nammal viddyykalum ayippokum`. So to avoid any
      upper hand for IOC just file a case against parumala pally, at least
      we have some legal evidence to continue the case for few another
      decades and finally will reach to the Supreme Court. In the original
      deed of the land the then seller incorporated the name of Patriarch of
      Antioch. We may loose lot of money and time, but as a bargaining power
      against IOC, I think it is necessary.

      Joshy Paul
      New Delhi/Tokyo
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