W.P.(C).No.40149/2022

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 31[ST] DAY OF JULY 2023 / 9TH SRAVANA, 1945 ``` ``` WP(C) NO. 40149 OF 2022 ``` ## **`PETITIONERS:`** ``` 1FR.JOHN V JOHN, AGED 56 YEARS, S/O.JOHN MATHEW, RESIDING AT VADAKKEMUTTAPILLIL ,PAMPAKUDA P.O ONAKKUR VILLAGE, MUVATUPUZHA TALUK ERNAKULAM DISTRICT,, PIN - 686667 2FR.SIBI MATHEW, AGED 32 YEARS, S/O.M M.VARGHESE, RESIDING AT TRINITY RETIREMENT HOUSE PARSONAGE, KOLENCHERRY, ERNAKULAM,, PIN - 682311 BY ADVS. P.MARTIN JOSE P.PRIJITH THOMAS P.KURUVILLA R.GITHESH AJAY BEN JOSE SACHIN JACOB AMBAT MANJUNATH MENON ANNA LINDA V.J HARIKRISHNAN S. S.SREEKUMAR (SR.) ``` ## **`RESPONDENTS:`** - `1 THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001` - `2 THE CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001` - `3 THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, ERNAKULAM, PIN - 682030` - `4 THE STATE POLICE CHIEF, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN - 695001` - `5 THE DISTRICT POLICE CHIEF, ERNAKULAM RURAL, ALUVA, ERNAKULAM,, PIN - 683101` - `6 THE DEPUTY SUPERINTENDENT OF POLICE, PUTHENCRUZE ,, PIN - 682308` WP(C).No.40149/2022 **2** - `7 THE STATION HOUSE OFFICER, RAMAMANGALAM POLICE STATION, ERNAKULAM, PIN - 686563` - `8 FR.GEORGE CHENNOTH AGED 68 YEARS S/O. PAILY, CHENNOTH HOUSE, THIRUVANNIYOOR, VARIKOLI P O, ERNAKULAM RURAL,, PIN - 682308` - `9 FR.ROY MATHEW AGED 65 YEARS S/O.ISSAC, MEPADATHU HOUSE, NORTH PIRAMADOM KARA,MARADY, ERNAKULAM RURAL,, PIN - 686673` - `10 FR SLEEBA PAUL, VATTAVELIL, VADAYAMPADY, ERNAKULAM RURAL,, PIN - 682308` - `11 ANIL GEORGE, AGED 53 YEARS S/O N. GEORGE, EDAPPLAKKATTU, NORTH PIRAMADAM P.O,, PIN - 686667` - `12 GIRI CHERIYAN AGED 50 YEARS S/O.CHERIYAN VETTIKATHADATHIL, PIRAMADOM, ERNAKULAM RURAL,, PIN - 686667` - `13 REJI, AGED 50 YEARS S/O.PAULOSE MEPPADATH,PIRAMADOM, ERNAKULAM RURAL,, PIN - 686667` - `14 MOLY KURIAKOSE, AGED 54 YEARS W/O. KURIAKOSE VELLARAMPARAYIL, PIRAMADOM, ERNAKULAM RURAL,, PIN - 686667` - `15 ABRAHAM K V KANNEKATT, PIRAMADOM, ERNAKULAM RURAL,, PIN - 686667` - `16 MATHEW P ALIYAS, S/O.CHACKO PULIYEDATHIL, PIRAMADOM, ERNAKULAM RURAL,, PIN - 686667` - `17 DANIEL C JOHN CHERUKUNNELPUTHENPURA, PIRAMADOM, ERNAKULAM RURAL,, PIN - 686667` - `18 BOVAS M C, AGED 48 YEARS MANKULATHIL, PIRAMADOM, ERNAKULAM RURAL,, PIN -` WP(C).No.40149/2022 **3** ``` 686667 19BABY PAUL KALAPURAYIL, PIRAMADOM, ERNAKULAM RURAL,, PIN - 686667 20ISSAC KURIAN, KOCHALIL, PIRAMADOM, ERNAKULAM RURAL,, PIN - 686667 21SOMY MATHEW PULIYEDATHIL, PIRAMADOM, ERNAKULAM RURAL,, PIN - 686667 22JAYA ALIYAS AGED 46 YEARS W/O.ALIYAS AKLEDATH, MARADY, ERNAKULAM RURAL,, PIN - 686673 23SIBIN SHAJI AGED 24 YEARS S/O.SHAJI, MOLEL, PIRAMADOM, ERNAKULAM RURAL,, PIN - 686667 24SHEELA PAULSON, AGED 46 YEARS H/O.PAULSON, KANNATT, PIRAMADOM, ERNAKULAM RURAL,, PIN - 686667 25ALIYAS V.M., AGED 53 YEARS S/O.MATHAI, VELLARAMPARAYIL, PIRAMADOM, ERNAKULAM RURAL,, PIN - 686667 BY ADVS. K.C.ELDHO G.SREEKUMAR (CHELUR) S.BIJILAL ``` ## **`OTHER PRESENT:`** ``` SRI. RAJEEV JYOTHISH GEORGE, GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C).No.40149/2022 **4** ## **P.V.KUNHIKRISHNAN, J. -------------------------------W.P.(C).No.40149 of 2022** **---------------------------------------------Dated this the 31[st] day of July, 2023** ## **JUDGMENT** This writ petition is filed with following prayers: - (i) To issue a writ, order or direction in the nature of mandamus directing Respondents 1 and 7 to invoke powers vested on them under Chapters VIII and X of the Code of Criminal Procedure in order to maintain public order and tranquillity in St.John’s Orthodox Syrian Church, Piramadom ; - (ii) To issue a writ, order or direction in the nature of mandamus directing Respondents 1 to 7 to act in aid of the Hon’ble Supreme Court as they are bound to do as per Article 144 of the Constitution of India thereby giving effect to the Judgement of the Hon’ble supreme Court in K.S.Varghese case [2017(3) KLT 261] and the directions in Exhibits.P1 and P3 orders of the Civil Court; - (iii) to direct respondents 1 to 7 to afford adequate and effective Police Protection to the petitioner to conduct religious services in the St.John’s Orthodox Syrian Church, Piramadom and to the parishioners of the St.John’s Orthodox Syrian Church, Piramadom in participating such religious services without any let, hindrance or WP(C).No.40149/2022 **5** obstruction from respondents 8 to 25, their men, agents or followers and anybody claiming under them in implementation of the judgement of the Honourable Supreme Court of India in K S Varghese vs. St.Peter’s and Paul’s Syrian Orthodox Church 2017 (3) KLT 261 and Exhibit.P1 and P3 orders, by issue of a writ of mandamus or any other appropriate writ, order or direction, in the interests of justice; - (iv) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 7 to act strictly adhering to the decision of the Hon’ble Supreme Court reported in 2017 (3) KLT 261 (SC)=2017 (15) SCC 333 and Exhibits.P1 and P3, ensuring that no priest or prelate appointed otherwise than in accordance with Malankara Church Constitution of 1934 conduct any sacraments including Holy Mass in the St.John’s Orthodox Syrian Church, Piramadom, its chapels, cemetery or the appurtenant buildings thereto and to handover possession of the church to the petitioners; - (v) To grant any other further or consequential reliefs, including any interim reliefs, as may be prayed for and deemed fit by this Hon’ble Court. ## (SIC) 2. When this writ petition came up for consideration on 16.12.2022, this Court passed the following order: WP(C).No.40149/2022 **6** “1. Heard the learned Senior Counsel appearing for the petitioners, the learned Government Pleader, the learned counsel appearing for respondent No.11 as well as the learned counsel appearing for respondents 9,13,16,17 and 25. 2. The learned Senior Counsel appearing for the petitioners would contend that in spite of Exhibit P1 order of injunction in I.A.No.3268 of 2019 in O.S.No.500 of 2019, which is confirmed by the Sub Court, Muvattupuzha in C.M.A.No.33 of 2019 and Exhibit P3 order in I.A.No.3998 of 2019 in O.S.No.500 of 2019 of the Munsiff's Court, Muvattupuzha which is affirmed in Exhibit P4 judgment of this Court dated 25.8.2022 in O.P. (C)1618 of 2022, the orders of injunction of the competent civil courts have not been complied with. 3. The learned counsel appearing for the respondents seek time to place counter affidavits on record. The learned counsel for the 11[th] respondent would contend that the suit is being tried by the Munsiff's Court and that the examination of the witnesses is going on. It is submitted that the petitioners before this Court are unconnected with the church in question and its parishioners and that a Review Petition is pending against Exhibit P2 order. 4. The learned counsel appearing for respondents 9,13,16,17 and 25 would also submit that a counter affidavit is being filed. It is stated that there is already an interim order of police protection and WP(C).No.40149/2022 **7** that there is no requirement for any further orders when the suit is pending. It is submitted that in case the orders passed by the civil courts are not complied with, the petitioner has the option to approach the same court for reliefs. 5. Having considered the contentions advanced on all sides, and in view of the materials produced by the petitioners, I am of the opinion that the interim orders granted by the civil court are liable to be complied with. The police cannot plead possible law and order situations as a reason for not complying with the orders passed by competent civil courts. 6. In the above view of the matter, there will be a direction to the respondents 6 and 7 to render adequate police protection in compliance with Exhibit P3 order provisionally and subject to further orders in the writ petition.” 3. Today, when the matter came up for consideration, the counsel for the 11[th] respondent submitted that, in the suit, trial is going on and the writ petition may be disposed, leaving open all the contentions of the parties for agitating the same in the suit. I think the writ petition need not be retained and the parties can agitate their contentions in the civil court. Therefore, this writ petition is disposed of in the following manner: WP(C).No.40149/2022 **8** 1. The interim order dated 16.12.2022 will continue as long as the injunction order is in force. But I make it clear that the lower court is free to pass appropriate orders in the suit in accordance with law. 2. The trial court will dispose the suit untrammeled by any observations in the order dated 16.12.2022. JV sd/- **P.V.KUNHIKRISHNAN JUDGE** WP(C).No.40149/2022 **9** ## **`APPENDIX OF WP(C) 40149/2022`** ## `PETITIONER EXHIBITS` - `Exhibit P1 TRUE COPY OF ORDER DATED 18-11-2019 IN I.A.NO.3268 OF 2019 IN O.S.NO.500 OF 2019 OF MUNSIFF'S COURT, MUVATTUPUZHA.` - `Exhibit P2 TRUE COPY OF JUDGEMENT DATED 26-082020 IN C.M.A.NO.33 OF 2019 OF SUB COURT, MUVATTUPUZHA` - `Exhibit P3 TRUE COPY OF ORDER DATED 17-8-2022 IN I.A.NO.3998 OF 2019 IN O.S.NO.500 OF 2019 OF MUNSIFF'S COURT, MUVATTUPUZHA.` - `Exhibit P4 TRUE COPY OF JUDGEMENT DATED 25-082022 IN O P (C) 1618 OF 2022 OF THIS HON'BLE COURT` - `Exhibit P5 TRUE COPY OF RECEIPT ISSUED FROM THE OFFICE OF THE 6TH RESPONDENT` - `Exhibit P6 TRUE COPY OF NOTICE U/S 149 CR P C DATED 3-12-2022 ISSUED BY THE POLICE TO THE PETITIONERS` - `Exhibit P7 TRUE COPY OF FIR IN CRIME NO.606/2022 DATED 3-12-2022 OF RAMAMANGALAM POLICE STATION` - `Exhibit P8 TRUE COPY OF LETTER DATED 7-12-2022 ISSUED BY BABY VARGHESE TO 1ST PETITIONER` ``` RESPONDENT EXHIBITS ``` ``` Exhibit R11(a)A true copy of the deposition of the first petitioner before the trial court Exhibit R11(b)A true copy of the advocate commission report submitted before the trial court dated 04.12.2019 ```