Kerala High Court
Fr.A.V.Varghese vs State Of Kerala on 12 August, 2021
[CR]
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 35613 OF 2019
PETITIONER:
FR.A.V.VARGHESE,
AGED 48 YEARS
S/O.VARKEY, RESIDING AT ATTUPURATHU HOUSE, MEENADAM VILLAGE,
MEENADAM KARA, MEENADAM P.O., KOTTAYAM TALUK, PIN - 686 516.
BY ADVS.
S.SREEKUMAR (SR.)
SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
SRI.R.GITHESH
SMT.HANI P.NAIR
SRI.AJAY BEN JOSE
SRI.MANJUNATH MENON
SRI.SACHIN JACOB AMBAT
SHRI.HARIKRISHNAN S.
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT COLLECTOR,
KOTTAYAM, KOTTAYAM KUMILY RD., COLLECTORATE, KOTTAYAM, PIN -
686 001.
3 THE STATE POLICE CHIEF,
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM - 695 001.
W.P(C)Nos.35613 of 2019 &
W.P.(C) No.14191 of 2021 2
4 THE DISTRICT POLICE CHIEF,
KOTTAYAM, NEAR KOTTAYAM EAST POLICE STATION, DISTRICT POLICE
OFFICE, KOTTAYAM-KUMILY ROAD, COLLECTORATE, KOTTAYAM, KERALA -
686 002.
5 THE DEPUTY SUPERINTENDENT OF POLICE,
KOTTAYAM, NEAR CHANTHA KULAM RD., CHANGANASSERY, KERALA - 686
101.
6 THE STATION HOUSE OFFICER,
KUMARAKOM POLICE STATION, KUMARAKOM - 686 563.
7 ST.MARTHASMOONI CHURCH,
THIRUVARPPU, REPRESENTED BY ITS TRUSTEE, THIRUVARPPU VILLAGE,
THIRUVARPPU KARA, THIRUVARPPU P.O., KOTTAYAM TALUK, KOTTAYAM
DISTRICT, PIN - 686 020.
8 FR.MATHEW M.BABU,
S/O.MATHEW, AGED 57 YEARS, RESIDING AT VADAKKEPARAMBIL HOUSE,
AYARKUNNAM VILLAGE, AMAYANNOOR KARA, AMAYANNOOR P.O., KOTTAYAM
TALUK, PIN - 686 025.
9 FR.ROY CHACKO,
S/O.CHACKO, AGED 52 YEARS, RESIDING AT OTTAPLACKAL HOUSE,
AYARKUNNAM VILLAGE, AMAYANNOOR KARA, AMAYANNOR P.O., KOTTAYAM
TALUK, PIN - 686 025.
10 ULAHANNAN THOMAS,
S/O.THOMAS, AGED 70 YEARS, RESIDING AT THEKKENAMPADATHICHIRA
HOUSE, THIRUVARPPU VILLAGE, THIRUVARPPU KARA, THIRUVARPPU
P.O., KOTTAYAM TALUK, PIN - 686 020.
11 LINO VARGHESE,
SO.VARGHESE, AGED 40 YEARS, VAZHATHARA HOUSE, THIRUVARPPU
VILLAGE, THIRUVARPPU KARA, THIRUVARPPU P.O., KOTTAYAM TALUK,
PIN - 686 020.
W.P(C)Nos.35613 of 2019 &
W.P.(C) No.14191 of 2021 3
12 BINOY VARGHESE,
S/O.VARGHESE, AGED 54 YEARS, PUTHENPURA HOUSE, THIRUVARPPU
VILLAGE, THIRUVARPPU KARA, THIRUVARPPU P.O, KOTTAYAM TALUK,
PIN- 686 020.
13 ROBIN VARKEY,
S/O.V.A.VARKEY, AGED 42 YEARS, VATTAPARAMPIL HOUSE,
THIRUVARPPU VILLAGE, THIRUVARPPU KARA, KANJIRAM P.O., KOTTAYAM
TALUK, PIN - 686 020.
14 ADDL R14, ROY V.JACOB
AGED 58 YEARS
S/O.LATE, CHACKO, VAZHATHARA HOUSE, KANJIRAM, P.O, KOTTAYAM,
PIN-686 020
15 ADDL R15, CYRIL V. ZACHARIAH,
S/O. LATE FR.ZACHARIAH, ARUPARACHIRAYIL HOUSE, KANJIRAM, P.O,
KOTTAYAM PIN-686 020
ADDL R14 AND ADDL R15 ARE IMPLEADED AS PER ORDER DATED
19/08/2020 IN IA 3/2020
W.P(C)Nos.35613 of 2019 &
W.P.(C) No.14191 of 2021 4
BY ADVS.
SRI.K.V.SOHAN, STATE ATTORNEY
SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL
SRI.B.ASHOK SHENOY
LITHIN THOMAS
SMT.C.G.PREETHA
SRI.P.S.GIREESH
SRI.RIYAL DEVASSY
SHRI.DR.ABHILASH O.U.
SRI.DEEPAK MOHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.08.2021, A/W. WP(C) NO.14191 OF 2021, THE COURT ON 12.08.2021 DELIVERED
THE FOLLOWING:
W.P(C)Nos.35613 of 2019 &
W.P.(C) No.14191 of 2021 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 14191 OF 2021
PETITIONER:
FR.A.V.VARGHESE
AGED 50 YEARS
S/O. VARKEY, RESIDING AT ATTUPURATHU HOUSE, MEENADAM VILLAGE,
MEENADAM KARA, MEENADAM P.O., KOTTAYAM TALUK, PIN-686 516.
BY ADVS.
S.SREEKUMAR (SR.)
P.MARTIN JOSE
P.PRIJITH
THOMAS P.KURUVILLA
R.GITHESH
HANI P.NAIR
AJAY BEN JOSE
MANJUNATH MENON
SACHIN JACOB AMBAT
HARIKRISHNAN S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
W.P(C)Nos.35613 of 2019 &
W.P.(C) No.14191 of 2021 6
2 THE DISTRICT COLLECTOR,
KOTTAYAM, KOTTAYAM-KUMILY ROAD, COLLECTORATE, KOTTAYAM, PIN-
686 001.
3 THE STATE POLICE CHIEF
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 001.
4 THE DISTRICT POLICE CHIEF
DISTRICT POLICE OFFICE, KOTTAYAM-KUMILY ROAD, KOTTAYAM,
KERALA-686 002.
5 THE DEPUTY SUPERINTENDENT OF POLICE
KOTTAYAM, NEAR CHANTHA KULAM ROAD, CHANGANASSERY, KERALA-686
101.
6 THE STATION HOUSE OFFICER
KUMARAKOM POLICE STATION, KUMARAKOM-686 563.
7 ST.MARTHASMOONI CHURCH,
THIRUVARPPU, REPRESENTED BY ITS TRUSTEE, THIRUVARPPU VILLAGE,
THIRUVARPPU KARA, THIRUVARPPU P.O., KOTTAYAM TALUK, KOTTAYAM
DISTRICT, PIN-686 020.
8 FR. MATHEW M. BABU
AGED 57 YEARS
S/O. MATHEW, RESIDING AT VADAKKEPARAMBIL HOUSE, AYARKUNNAM
VILLAGE, AMAYANNOOR KARA, AMAYANNOOR P.O., KOTTAYAM TALUK,
PIN-686 025.
9 FR.ROY CHACKO
AGED 52 YEARS
S/O. CHACKO, RESIDING AT OTTAPLACKAL HOUSE, AYARKUNNAM
VILLAGE, AMAYANNOOR KARA, AMAYANNOOR P.O., KOTTAYAM TALUK,
PIN-686 025.
10 ULAHANNAN THOMAS
AGED 70 YEARS
S/O. THOMAS, RESIDING AT THEKKENAMPADATHICHIRA HOUSE,
THIRUVARPPU VILLAGE, THIRUVARPPU KARA, THIRUVARPPU P.O.,
KOTTAYAM TALUK, PIN-686 020.
W.P(C)Nos.35613 of 2019 &
W.P.(C) No.14191 of 2021 7
11 LINO VARGHESE
AGED 40 YEARS
S/O. VARGHESE, VAZHATHARA HOUSE, THIRUVARPPU VILLAGE,
THIRUVARPPU KARA, THIRUVARPPU P.O., KOTTAYAM TALUK, PIN-686
020
12 BINOY VARGHESE
AGED 54 YEARS
S/O. VARGHESE, PUTHENPURA HOUSE, THIRUVARPPU VILLAGE,
THIRUVARPPU KARA, THIRUVARPPU P.O., KOTTAYAM TALUK, PIN-686
020
13 ROBIN VARKEY
AGED 42 YEARS
S/O. VA.VARKEY, VATTAPARAMPIL HOUSE, THIRUVARPPU VILLAGE,
THIRUVARPPU KARA, KANJIRAM P.O., KOTTAYAM TALUK, PIN-686 020
14 ROY V.JACOB
AGED 58 YEARS
S/O. LATE CHACKO, VAZHATHARA HOUSE, KANJIRAM P.O., KOTTAYAM,
PIN-686 020.
15 CYRIL V. ZACHARIAH
S/O. LATE FR. ZACHARIAH, ARUPARACHIRAYIL HOUSE, KANJIRAM P.O.,
KOTTAYAM, PIN-686 020.
BY ADVS.
SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL
LITHIN THOMAS
N.M.VARGHESE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.08.2021
ALONG WITH WP(C).35613/2019, THE COURT ON 12.8.2021 DELIVERED THE
FOLLOWING:
W.P(C)Nos.35613 of 2019 &
W.P.(C) No.14191 of 2021 8
[CR]
P.V.KUNHIKRISHNAN, J
----------------------------------------------------------
W.P(C)No.35613 of 2019 & W.P.(C) No.14191 of 2021
----------------------------------------------------------
Dated this the 12th day of August 2021
COMMON JUDGMENT
Exhibit P3 is an order dated 7.8.2019 passed by the Prl.Munsiff,
Kottayam. Ext P5 is an order dated 6.11.2019 directing the District
Collector, Kottayam, and District Police Chief, Kottayam to afford
adequate police protection to implement Ext P3 order passed by the
Munsiff Court. We are celebrating the second anniversary of Ext P3
order. Ext P3 is an order passed by the civil court subject to the final
decision of O.S.No.654 of 2017 pending before the Prl.Munsiff,
Kottayam. The suit originated in connection with a rift between two
factions of the Christian community and they are generally known as
W.P(C)Nos.35613 of 2019 &
Orthodox and Jacobite. The law enforcing authority is not able to
implement an order passed by a competent civil court even after two
years. It is nothing but a shame.
PLEADINGS
2.The 7th respondent herein is St.Marthasmooni Church which is
a constituent parish church of Malankara Orthodox Syrian Church
(hereinafter referred to as Malankara Church) coming within the
Kottayam Diocese. According to the petitioner, he is the Vicar of the
7th respondent appointed by the Diocesan Metropolitan of the Diocese
of Kottayam in accordance with the Malankara Church Constitution of
1934. The case of the petitioner is that respondents No. 8 to 15 are
the members of the erstwhile Jacobite/Patriarch Faction, which
disassociated with Malankara Church and formed a new Sabha called
"Yacobaya Suriyani Christiani Sabha" governed by the 2002
constitution adopted by them on 8.6. 2002. According to the
petitioner, respondents No. 8 and 9 holding out to be the priests of
the erstwhile Patriarch faction, now priests of 2002 sabha, claiming to
W.P(C)Nos.35613 of 2019 &
be the Vicar and Assistant Vicar of the 7th respondent church. It is
submitted by the petitioner that they started to create a parallel
administration in the 7th respondent Malankara Church. It is the
specific case of the petitioner that they are not priests, either
ordained or appointed, in accordance with the Malankara Church
Constitution of 1934. The case of the petitioner is that respondent
Nos.8 to 15 clamour for a different setup and parallel service in the
Churches of Malankara Church, especially in the 7th respondent
church. A five Judge bench of the apex court in Moran Mar Baselios
Catholicos v. Thukalan Paulo Avira (1958 KLT 721) held that
the 1934 Constitution is valid and binding on all parish churches of
the Malankara Church. Thereafter, the apex court in several
subsequent decisions declared the validity of 1934 Constitution.
3. The petitioner filed O.S.No.654 of 2017, which is a suit filed as
a representative suit under Order 1 Rule 8 of the Civil Procedure Code
before the Munsiff Court, Kottayam for a permanent prohibitory
injunction against respondent Nos.8 to 13. Ext P1 in WP(C) No.14191
W.P(C)Nos.35613 of 2019 &
of 2021 is the plaint in the above suit. Defendants 1 to 7 in the suit
are respondents No.7 to 13 in these writ petitions. Ext P2 is the
written statement filed by respondent Nos.7, 8, and 10 to 12 in the
suit. In Ext P2 it is contended that the 7th respondent church had
adopted the 2002 Constitution and is thus now a constituent of
Yacobaya Suriyani Christiani Sabha. In the suit, the petitioner filed
I.A No.3746 of 2017 for a temporary injunction, and the same was
allowed as per Ext P3 order. The relevant portion of Ext P3 is
extracted hereunder:
"15.Point No.4:- In view of the findings in point Nos.1 to
3, this petition is to be allowed.
In the result, the petition is allowed with costs and the
counter petitioners two to seven and their men and their agents
and supporters and anybody claiming under them who does not
abide by 1934 Constitution of the Malankara Orthodox Syrian
Church or their hierarchies there under are restrained by an
order of temporary prohibitory injunction till the disposal of the
suit from bringing priests and prelates not appointed under 1934
Constitution to conduct any religious service in the first counter
petitioner church, its cemetery, other institution and the second
and third counter petitioners and any Vicars, Prelates who are
not appointed by the Diocesan Metropolitan under the
Constitution from entering into the first counter petitioner
church; its cemetery, parish hall, shrine, school, and also from
causing any obstruction to the petitioner and his successors
appointed by the Diocesan Metropolitan in accordance with 1934
Constitution from conducting religious services in the first
W.P(C)Nos.35613 of 2019 &
counter petitioner church and its institution situated in the plaint
schedule properties."
4. Respondent Nos.9 and 13 in this writ petition filed CMA No.80
of 2019 and respondent Nos.7, 8, and 10 to 12 filed CMA No. 83 of
2019 before the District Court, Kottayam challenging Ext P3 order.
The appellate court after considering the entire facts confirmed Ext P3
order as per Ext P4 common judgment dated 26.9.2019 in CMA
Nos.80 of 2019 and 83 of 2019. It is the further case of the petitioner
that respondent Nos.8 to 13 are not obeying Ext P3 as affirmed in Ext
P4. Hence I.A No.2796 of 2019 is filed seeking police protection for
implementing Ext P3 order. The learned Munsiff allowed the petition
by order dated 6.11.2019 and Ext P5 is the order. Thereafter, the
petitioner approached the District Collector, Kottayam with a
representation. The District Collector, Kottayam called for a meeting
of all the parties on 22.11.2019. Ext P8 is the minutes of the meeting.
In Ext P8, it was observed that implementation of Ext P5 will result in
the law and order situation and it was decided to wait for the
W.P(C)Nos.35613 of 2019 &
judgment of the apex court. The grievance of the petitioner is that
Ext P3 order is flouted by the contesting respondents in these writ
petitions and even after Ext P4 order directing the District
Administration and police to afford adequate police protection, the
District Administration and the police is not taking any action. Hence,
WP(C) No.35613 of 2019 was filed with the following prayers.
(i) to direct respondents 1 to 6 to afford adequate and
effective Police Protection to the petitioner to conduct religious
services in the 7th respondent church and to the other
parishioners of the 7th respondent Church in participating such
religious services without any let, hindrance or obstruction from
respondents 8 to 13, their men, agents or followers and
anybody claiming under them and to implement Ext P5 by the
issue of a writ of mandamus or any other appropriate writ,
order or direction, in the interests of justice;
ii) To issue a writ of mandamus or any other appropriate
writ, order or direction directing the respondents 1 to 6 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 Ext
P5, 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 7 th
respondent church, its chapels, cemetery or the appurtenant
buildings thereto.
iii) 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; and
iv) To allow this Writ Petition with costs.
W.P(C)Nos.35613 of 2019 &
5. When the writ petition came up for final hearing, this Court
doubted the maintainability of such a writ petition in the light of Ext
P5 police protection order already passed by the Munsiff Court.
Therefore, the petitioner filed W.P(C) No.14191 of 2021 with the
following prayers.
i) To issue a writ, order or direction in the nature of mandamus
directing Respondents 1 and 6 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 7 th respondent
Marthasmooni Church, Thiruvarppu, Kottayam.
ii) To issue a writ, order or direction in the nature of mandamus
directing respondents 1 to 6 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 Judgment
of the Hon'ble Supreme Court in K.S.Varghese case [2017 (3)
KLT 261]
iii) To issue a writ, order or direction in the nature of mandamus
directing respondents 3 and 6 to invoke the provisions of the
Kerala Police Act, 2011 especially Sections 63 and 67 in order to
ensure prevention of any untoward incident in 7 th respondent
Marthasmooni Church, Thiruvarppu Kottayam
iv) To direct respondents 1 to 6 to afford adequate and
effective Police Protection to the petitioner to conduct religious
services in the 7th respondent church and to the parishioners of
the 7th respondent Church in participating such religious
services without any let, hindrance or obstruction from
respondents 8 to 15, their men, agents or followers and
anybody claiming under them in implementation of the
judgment of the Honourable Supreme Court of India in K S
Varghese vs.St.Peter's and Paul's Syrian Orthodox Church
W.P(C)Nos.35613 of 2019 &
2017(3) KLT 261 by issue of a writ of mandamus or any other
appropriate writ, order or direction, in the interests of justice.
v) To issue a writ of mandamus or any other appropriate writ,
order or direction directing the respondents 1 to 6 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 Exhibit P5,
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 7 th respondent
church, its chapels, cemetery or the appurtenant buildings
thereto and to handover possession of the church to the
petitioner, which has been taken possession in pursuance of
Exhibit P13 order dated 13.8.2020
vi) 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 .
6. Respondent Nos. 7 and 10 to 13 in WP(C) No.35613 of 2019
filed a counter affidavit. A separate counter affidavit was filed by
respondent Nos. 14 & 15 also. After filing WP(C) No.14191 of 2021, a
separate counter affidavit was filed in WP(C) No.14191 of 2021 by
respondent Nos. 14 & 15 with almost the same averments in their
counter affidavit filed in WP(C) No.35613 of 2019. In the counter
affidavits, the contesting respondents also dispute the maintainability
of the writ petition. They narrate their case in the suit in detail and
defend their stand.
W.P(C)Nos.35613 of 2019 &
7. The main contention of respondent Nos. 14 and 15 in the
counter is that the Managing Committee of the Malankara Church has
not followed the precedents and provisions prescribed under the 1934
Constitution. According to respondents No. 14 and 15, the preaching
and propagating the concept of 'Throne of St.Thomas' among the
church members is against the 1934 Constitution. According to them,
the Malankara Metropolitan make appointments of Diocesan
Metropolitan only from the list of Bishops supplied by a duly
consecrated catholicos. It is stated in the affidavit that the 1934
Constitution does not permit the Managing Committee of the
Malankara Church to function without the aid and advice of a
consecrated catholicos. Their contention is that, all appointments
made by the Malankara Metropolitan elected by the Malankara
Association after 1995 are illegal and void ab initio. It is further stated
in the affidavit that the Malankara Association of the Malankara
Church has elected Malankara Metropolitan after the judgment in
PMA Metropolitan's Case (AIR 1995 SC 2001) in 1995. But the
W.P(C)Nos.35613 of 2019 &
Managing Committee has not interested to invite Patriarch for taking
consecration of catholicos. According to the respondents, the elected
Metropolitan has started functioning as a self-styled Catholicos.
According to them, the 1934 Constitution does not permit the
Managing Committee to recognize self-styled Catholicos. It is further
stated that the parish members of respondent No. 7,
St. Marthasmooni Church do not recognize St.Thomas as the founder
of any church. According to them, it is believed that authority and
blessings for the establishment of the church were given to St.Peter
by Lord Jesus Christ. Patriarch of the Universal Syrian Orthodox
Church Antioch is believed to be sitting on the 'Throne of St.Peter
Church'. Therefore, the 7 sacraments of the church would be
performed by those priests who were ordained and appointed in the
hierarchy having ecclesiastical succession from the Patriarch Antioch.
It is also stated that the petitioner and his men intend to take
possession of the church premises after evicting all the parish
members from the church. It is also the case of respondent Nos. 14
W.P(C)Nos.35613 of 2019 &
and 15 that the petitioner/ plaintiff has no locus standi to file the suit
and there is no cause of action arose as alleged. According to them,
the appointment of the petitioner as Vicar is not legal and proper.
They approached the court below with an impleading petition and the
same was allowed. But the application for vacating Ext.P3 order has
been kept pending. The powers of this Court under Article 226 to
interfere in this matter is also questioned by respondent Nos.14 and
15 in detail in the counter. It is also stated that Ext R14(a) is filed by
the District Collector before the Munsiff Court for certain clarifications
and therefore, this Court may not pass any order at this stage. It is
also stated that, if Ext P3 order is implemented, that will virtually
amount to the execution of a decree and the suit will be infructuous.
Each prayer mentioned in WP(C) No.14191 of 2021 is extracted, in
the counter affidavit filed by the respondent Nos.14 and 15 and said
that such a prayer will not stand and this Court may not pass any
orders in this writ petition. This is the sum and substance of the
counter.
W.P(C)Nos.35613 of 2019 &
INTERIM ORDERS PASSED IN THIS CASE PENDING THE WRIT
PETITION
8. Admittedly, the petitioner filed two writ petitions and the first
one is WP(C) No.35613 of 2019. When that writ petition came up for
consideration before this Court, this Court issued notice to the
contesting respondents. Thereafter on 21.1.2020 this Court passed
the following order in WP(C) No.35613 of 2019.
" The petitioner claims that he is the Vicar of the seventh
respondent-St.Marthasmooni Church. He approached the
Munsiff's Court, Kottayam, in O.S.No.654/2017 for permanent
prohibitory injunction restraining the defendants therein. The
genesis of the dispute is traceable to a dispute between two
factions of the Church i.e, Orthodox and Jacobite.
2. Though, the management and administration of such a
Church in the State has been decided by the judgment of the
Apex Court, still the dispute has not been subsided. There are
issues in regard to management and administration. It is
accordingly, the petitioner approached the Munsiff's Court for
injunction. The Munsiff's Court also granted a temporary
prohibitory injunction restraining the defendants therein, who
are arrayed as respondents 8 to 13 herein from interfering with
the management and administration and conduct of religious
services in accordance with the 1934, Constitution. Ext.P3 is
the said order. This was also affirmed to appellate Court in
appeal (Ext.P4).
W.P(C)Nos.35613 of 2019 &
3. Taking note of the fact that there is breach of violation
of Ext.P3 order, the Munsiff's Court passed Ext.P5 order of
police protection. The petitioner's case is that in spite of order
of police protection passed by the Munsiff's Court, the police is
not providing protection to the petitioner.
4. The learned Counsel for the party respondents
submitted that they challenged the order before this Court and
notice has also been issued in it and therefore, the Court
should not pass any order of police protection. It is further
submitted that the petitioner's remedy is to approach the civil
court for implementing the order.
5. The party respondents also have a case that the Apex
Court judgment cannot be followed in this case as the present
dispute is not a matter covered by the Apex Court judgment.
6. The learned Senior Government Pleader submitted
that in the light of the civil court order, the police had
registered four crimes.
7. The learned Senior Counsel submitted that the
petitioner could not enter into the Church and administer,
manage and provide religious services.
As revealed from the submission of the learned Senior
Government Pleader, based on the complaints made by the
petitioner crimes have been registered. In such circumstances,
it is appropriate that the fifth respondent provides necessary
police protection to the petitioner in the light of the interim
order passed by the civil court. Mere registration of the crime
would not be sufficient. Necessary police personnel shall
deployed to ensure that the orders of civil court are complied
with. This Court cannot ignore the law and order as well as
flouting of the orders of the civil court by the party
W.P(C)Nos.35613 of 2019 &
respondents. If any wrongful action on the part of the party
respondents persist, the police shall invoke Section 151 of the
Criminal Procedure Code."
9. Thereafter the above writ petition again came up for
consideration on 13.8.2020 on which date this Court passed the
following order.
"Read order dated 21.01.2020.
2. The learned counsel the petitioner submitted that
in spite of the interim order passed by this Court, the
petitioner-Vicar of the 7th respondent-St. Marthasmooni Church,
is unable to function as the Vicar. It is to be noted that the civil
court passed a detailed order in this matter acknowledging the
right of the petitioner. The appeal filed by the contesting
respondents also has been dismissed.
3. The learned counsel for the party respondents
submitted that they are contemplating to challenge the order in
appeal before this Court.
4. The learned counsel for the petitioner points out
to Ext.P9 affidavit filed by the District Collector before the civil
court. In the affidavit, the District Collector pointed out that in
the order of the civil court, nothing has been mentioned about
the manner in which the Church has to be opened if it is in a
locked stage. The District Collector, himself is seeking a
direction from the civil court in what manner the civil court
order has to be implemented. In that affidavit, it is also pointed
out that the defendants in the suit were not ready to handover
the key to the plaintiff. All that reflected in the affidavit of the
District Collector is that there is a law and order situation. The
crimes have been also registered.
W.P(C)Nos.35613 of 2019 &
Having adverted to the factual circumstances as
above, it is appropriate the District Collector keeps the Church
premises under lock and key. The District Collector shall not
allow the party respondents to use the Church or its premises.
The District Collector shall also inform this Court when the
Church and its premises can be handed over to the petitioner.
Needful shall be done by the District Collector within a week
from the date of receipt of a copy of this Order."
10. Again the matter came up on 19.8.2020, and on that day
this Court passed the following order.
"The police shall deploy necessary personnel today night to see
that no inventaries taken or any destruction to the church
building is caused.
The learned Govt. Pleader is directed to communicate this
order.
Post on 24.8.2020."
11. Thereafter the matter came up for consideration on
24.8.2020, on which date this Court recorded the following
submissions.
"The learned counsel for the petitioner as well as the learned
Government Pleader submits that the Church and its premises
have been taken over by the District Collector through Revenue
Divisional Officer. The said submission is recorded.
Post on 8.9.2020."
W.P(C)Nos.35613 of 2019 &
12. The order dated 19.8.2020 and 13.8.2020 in WP(C)
No.35613 of 2019 was challenged by respondents No.14 and 15 by
filing W.A.No.1156 of 2020. The writ appeal was also dismissed by
this Court by a detailed judgment on 16.10.2020. Thereafter the
matter again came up for consideration before this Court on 8.1.2021.
On that date, the Government Pleader submitted that the District
Collector requires some time to fix the date of handing over the
premises. Thereafter WP(C)No.35613 of 2019 and W.P(C)No.14191 of
2021 came up for final hearing before this Court.
13. Heard Senior Counsel S.Sreekumar, who is instructed to
appear for the petitioner. Additional Advocate General appeared for
the official respondents. I also heard Advocate Lithin Thomas for
respondents No.14 and 15.
RESOLUTION
14. Admittedly there is an order of injunction passed by the Civil
Court as evident by Ext P3 in WP(C)No. 14191 of 2021. (I will refer to
the exhibits in WPC No.14191 of 2021 hereafter). In Ext P3, the civil
W.P(C)Nos.35613 of 2019 &
court clearly stated that the counter petitioners 2 to 7 and their men
in that application and their agents and supporters and anybody
claiming under them who does not abide by 1934 Constitution of the
Malankara Orthodox Syrian Church or their hierarchy there under are
restrained by an order of temporary prohibitory injunction till the
disposal of the suit, from bringing priests and prelates not appointed
under 1934 constitution to conduct any religious service in the first
counter petitioner church its cemetery, other institution and second
and third counter petitioners in that application and any Vicar and
prelates who are not appointed by the diocesan Metropolitan under
the constitution from entering into the first counter petitioner church
its cemetery, parish hall, shrine, school and also from causing any
obstruction to the petitioner and his successors appointed by the
diocesan Metropolitan in accordance with 1934 Constitution from
conducting religious services in the first counter petitioner church and
its institution situated in the plaint schedule properties. The interim
order passed by the civil court is clear and there is no ambiguity in it.
W.P(C)Nos.35613 of 2019 &
Ext P3 order is confirmed by the appellate court as evident by Ext P4
common judgment. The main contentions of the contesting
respondents in this writ petition is that the petitioner is not a person
appointed as per 1934 Constitution. It is also the case of the
contesting respondent that the civil court has not considered the
entire facts before passing Ext P3 order. Some more contentions
challenging the findings in Ext P3 order are raised in the counter
affidavit. According to me, those are not relevant while considering
this writ petition. Admittedly, Ext P3 order is in force even now. It is
also an admitted fact that even after Ext P5 order passed by the civil
court directing the District Administration and the District Police Chief
to implement Ext P3 order, they are not able to implement Ext P3
order till now. The stand of the District Administration and the police
is that there is law and order problem to implement Ext P3 order. I
am surprised to see such a stand from the District Administration and
the police department.
W.P(C)Nos.35613 of 2019 &
15. When a court of law passed an order and if there is any
violation of the same, it is the duty of the respondent Nos. 1 to 6 to
see that the court order is protected. We are living in a country where
rule of law is prevailing. The contesting respondents contend that the
order passed by the civil court is wrong. Then there are remedies
available to the contesting respondents. If the order is not
implemented by the District Administration, and the police
department as per the directions passed by the civil court, then also
the contesting respondents have got remedy by reporting the same to
the civil court. If the civil court is not taking any action, the contesting
respondents have got remedy by way of appeal and even by
approaching this Court under Article 227 of the Constitution of India.
The contesting respondents cannot create havoc in the church when
the petitioner is coming to the church because of Ext P3 order. If the
petitioner exceeds the right given to him as per Ext P3 order, the
remedy of the contesting respondents is not to agitate in front of the
church or to obstruct the police and District Administration who are
W.P(C)Nos.35613 of 2019 &
trying to implement Ext P3 order. If the petitioner or the District
Administration or the police has done anything in violation of Ext P3
order, the remedy of the contesting respondent is to report the same
before the civil court and not to lock the gate of the church and to
protest against the same. That is not the behavior expected from the
contesting respondent in a civilized society. Of course, they may have
a difference of opinion or they may have a case that the order passed
by the civil court is not implemented properly. But they have no
authority to obstruct the same by blocking the petitioner or the
District administration or the police authority when they came there
to implement the court order. The Civil Procedure Code is a complete
code. All the grievances of the parties are protected by definite
provisions in the Civil Procedure Code. A citizen cannot go to the
street and protest against the order passed by the civil court. The
remedy is to go to the civil court which passed the order and show
that this order is illegal. If that court is not inclined to hear the same,
they can approach the appellate court or this court or apex court. If
W.P(C)Nos.35613 of 2019 &
the lower court is not hearing the matter expeditiously they can
invoke the powers of this court under Article 227 of the Constitution
of India. No citizen can obstruct the District Administration or police
when they are trying to implement an order passed by a court of law.
Once an order is passed by a court of law, the parties are bound by
the same. The District Administration and the police are bound to
implement those orders. If a party to the lis has got a grievance that
the implementation of the order passed by the civil court is not as per
the direction of the civil court, the remedy of the party is not to
protest in the street. They can go to the same court and report the
same. The same court is bound to consider the grievance and pass
appropriate orders. Suppose that court dismisses their objection, as I
said earlier, they can approach the superior courts. An action to
implement the directions of the court cannot be obstructed by any
person unless there are specific reasons. Yet another contention
raised by respondents No.14 and 15 is that Ext R14(a) filed by the
District Administration is pending before the Munsiff Court and this
W.P(C)Nos.35613 of 2019 &
Court may not pass any order till the same is disposed of. They also
submitted that they filed a petition to vacate Ext P3 order and that is
also pending. According to me, the District Administration and the
police authorities need not wait, till Ext R14(a) and other petitions are
finally disposed of by the Court below. There is no stay of Ext P3
order. As long as that order is in force, the parties are bound by the
same subject to the clarification/modification, if any made in the
future. Moreover, Ext.P3 order was passed on 7.8.2019. Two years
elapsed now. Therefore the same should be implemented forthwith.
Heaven will not fall if Ext P3 order is implemented before Ext R14(a)
application is disposed of finally by the lower court or the petition to
vacate the application filed by respondent Nos.14 and 15 are finally
disposed of by the Court below.
16. Here is a case where the civil court passed an order on
7.8.2019 as evident by Ext P3. That is confirmed by the appellate
court. As evident by Ext P5, the civil court directed the District
Administration and the District Police Chief to see that Ext P3 order is
W.P(C)Nos.35613 of 2019 &
implemented in its letter and spirit. Ext P5 police protection order
was passed by the Prl.Munsiff, Kottayam on 6.11.2019. The District
Administration and the Police department are not able to obey the
same. Their case is that there is law and order problem. If we accept
the stand of the District Administration and the police department,
that, because of law and order problems an order passed by the
court cannot be implemented, then there is no rule of law in this
country. As I said earlier, the parties can approach the court
concerned and get it varied, or modified, or cancelled. Once an order
is passed by a court of law, that is binding to all concerned, and the
District Administration and the police department are duty bound to
implement the same. If they are not able to implement an order
passed by the court, that will be a failure of justice. That will leads to
anarchy.
17. As evident by order dated 13.8.2020 in WP(C) No.35613 of
2019 and the order dated 24.8.2020 in the same writ petition, it is
clear that the church and its premises have been taken over by the
W.P(C)Nos.35613 of 2019 &
District Collector through Revenue Divisional Officer. Now the District
Administration and the police chief seeking time before this court to
implement the order saying that there is law and order problem. I
cannot accept this submission of the respondents.
18. Additional Advocate General Sri. Ashok M.Cherian appeared
in this case for respondents No.1 to 6. Additional Advocate General
also conceded that the State is bound to implement the orders passed
by the Court and they will do the needful immediately. According to
me, this cannot go on like this. Ext P3 order should be implemented
in its letter and spirit forthwith. The other contentions of the
contesting respondents in this writ petitions are left open. That is to
be agitated before the appropriate court. In a similar situation, when
there was an interim order passed by the civil court in another church
case and when there was an obstruction, the civil court passed a
police protection order. That was not implemented, and then a writ
petition was filed before this Court as WP(C) No.25089 of 2019. This
court allowed that writ petition and ordered police protection to
W.P(C)Nos.35613 of 2019 &
implement the orders passed by the civil court. The judgment of the
learned single judge in that writ petition was challenged before the
Division Bench. As per Ext P9 judgment, a Division Bench of this
Court dismissed the appeal. This Court in Ext P9 judgment observed
that the orders of the Court are to be complied with in letter and spirit
and the losing party cannot take law into their own hands by raising
unnecessary pleas. The filing of the writ petition before this Court
under Article 226 when there is already a police protection order
passed by the civil court is also considered by the Division Bench in
Ext P9 judgment. The relevant portion of Ext P9 judgment is extracted
hereunder:
"15. Yet another argument raised was that when in an
earlier occasion police protection was denied for the aforesaid
church, there is no reason to ask for further police protection.
The cause of action for filing the present writ petition is on
account of non compliance of directions issued by the learned
Munsiff in IA No. 830/2018 in O.S.No. 162/2018. When a
direction to render police protection has not been complied
with, it gives rise to a fresh cause of action for any person to
approach the writ Court and therefore it cannot be stated that
the denial of police protection earlier is a bar for approaching
this Court on a fresh cause of action.
W.P(C)Nos.35613 of 2019 &
16. The learned State Attorney specifically placed reliance
on the judgment in Mangilal Sharma's case (supra). The
factual aspects in Mangilal Sharma (supra) stands on a
different footing. This is an instance where dehors a declaration
by the Apex Court in K.S.Varghese (supra) that, a major
group cannot usurp the powers to manage the church, and that
the management and administration of Malankara church has
to be done in accordance with the 1934 constitution, the party
respondents and a group of persons are preventing the Vicar
appointed by the Diocesan Metropolitan to perform services
inside the church. Such an attitude in contrary to the law laid
down by the Apex Court in K.S.Varghese (supra) and the
learned Munsiff while granting the interim injunction placed
specific reference to the judgment in K.S.Varghese (supra).
The said interim order reached a finality as well. Therefore, in
order to maintain law and order and to ensure that rule of law
is adhered to by all concerned including the majority group,
who have lost their battle before Civil court, it is necessary for
this Court to issue appropriate directions. The orders of the
Court are to be complied with in letter and spirit and the
loosing party cannot take law into their own hands by raising
unnecessary pleas. The Government and its machinery have to
be utilized for the purpose of maintaining law and order as well
as to ensure that rule of law prevails above all opinions
expressed by a dissident faction. May be it is a larger group
who have been defeated in their civil right pursuits, but still,
when a law is laid down and it has been in no specific terms
declared that the management of the Malankara Church has to
be done in accordance with the 1934 constitution, no one else
can prevent the administration of the church by using force. If
any such force is used to prevent enforcement of an order
passed by a civil Court, the District Administration as well as
the police have the duty to ensure that Court order is complied
with. This is not a case as simple as any other case, as
projected by the State Attorney in order to apply the principle
W.P(C)Nos.35613 of 2019 &
laid down in Mangilal Sharma's case (supra). This is a case in
which the police and District Administration have been called
upon to enforce an interim order passed by a civil Court which
is based on the law laid down by the Apex Court in
K.S.Varghese (supra). We do not want to indulge in
considering the maintainability of the suit, in so far as the same
is pending. It is open for the parties to approach the civil Court
if they have a case that it is not maintainable. We leave that
question open. But as matters stand now, when this Court in its
discretion under Article 226 has issued directions to the District
collector as well as to the police in order to enforce the order in
a methodical manner, the directions cannot be found fault with.
In view of the law laid down by the Apex Court, no one can now
aspire to contend that 1934 Constitution does not apply to
Malankara Church".
19. Therefore, according to me, there is nothing wrong in
passing consequential order after Ext P5 police protection order
passed by the civil court. The counsel for the petitioner takes me
through Ext P8, which is a minutes of meeting convened by the
District Collector and I am surprised to see the stand of the District
Collector in Ext P8. The stand of the District Collector is extracted
hereunder.
"ജല കളകർ
ഈവഷയതൽ അപ കകന അനകലമ യ ഘട കങൾ ധ ര ള ഉണ.
എന ൽ ജല ഭരണധക ര എന നലയ ഈവധ നടപ കനതനള ബ-ധക
W.P(C)Nos.35613 of 2019 &
സ ഹചര1 സജമ പ3ണതണ. കട തത വധ നടപ കനതമ യ ബനതപട
നടപ 3യതനപ8ഷവ ന ടതല ത ത സമ ധ ന തകര തരകനതനള ല
ര;തയലള മൻകരതലകള സA;കരപ3ണതണ. അതതക ണ ഇ3ര1തൽ
സ വക 8 പവണ . തതനയമല 29-)o ത;യത സപ; പക ടതയതട വധ
വര നരകനസ ഹചര1വ കട കണ3തലട3ണ .
ചർചകളതട അടസനതൽ ളയൽ പപവ8കനത സ ബനച
സ വക 8 ആവ81മ തണനപയ ഗ വലയരത .
പയ ഗതൽ തLടതഎല വർക ജല കളകർ നന അറയകകയ പയ ഗ
5 .15 ന ര1വസ നച."
20. I am surprised to see the stand of the District
Administration. The District Administration cannot conduct a parallel
meeting and decide unilaterally that the court order cannot be
implemented because of law and order situation. Moreover, that
meeting was conducted on 22.11.2019. Now about 1 ½ years elapsed
thereafter. Even now Ext P3 and Ext P4 orders are in cold storage.
The court is passing orders not to keep the same in cold storage at
the instance of the District Administration and police. The District
Administration and the police are bound to implement orders passed
by any court of law, whether it is a Munsiff Court or Sub Court or
District Court or high court or apex court till it is verified or modified
W.P(C)Nos.35613 of 2019 &
by the court concerned. Therefore, the stand of the police and the
District Administration cannot be accepted for a moment.
21. As I said earlier, if the contesting respondents have got any
grievance against the order passed by the Munsiff Court, they are free
to approach the same court or the appellate court. If there is any
violation of the spirit of the order while implementing the same, the
contesting respondents can report the same to the court concerned.
But they cannot stand in front of the gate of the church and raise
slogans against the police and the court order. That cannot be
accepted in a civilized society where rule of law is in existence.
Therefore, I make it clear that the contesting respondents, in this
case, are free to approach the court concerned if they are aggrieved
by the same. The contesting respondents are free to approach the
court concerned if there is any violation of the order or
highhandedness on the part of the petitioner or the District
Administration or the police while implementing Ext P3 order. The
contesting respondents cannot obstruct the District Administration or
W.P(C)Nos.35613 of 2019 &
the police when they are implementing Ext P3 order passed by the
civil court. The District Administration and the police authorities are
bound to implement the directions strictly in accordance with Ext P3
order. This Court cannot add or subtract anything to Ext P3 order
while invoking the powers under Article 226 of the Constitution of
India. Similarly, the District Administration or the police authorities
cannot add or subtract anything to Ext P3 order. The parties
aggrieved can go to the court concerned and obtain modification or
cancellation if they have got valid grounds. Therefore, according to
me, Ext P3 order is to be implemented forthwith by the District Police
Chief of Kottayam and the District Administration of Kottayam under
the direct supervision of the State Police Chief.
22. If the District Administration or the police authorities are not
able to implement Ext P3 order, as long as the same is in force, this
Court cannot sit as a silent spectator in such situation. This Court can
interfere in such situation. The Division Bench of this Court in Sali
and others v. Santhosh (2010(1) KHC 482) observed about the
W.P(C)Nos.35613 of 2019 &
powers of this Court under Article 226 of the Constitution in
paragraph 13.
"13. This Court had adopted this procedure in
exercise of its original as well as inherent jurisdiction. It is
trite that there cannot be any fetters on this Court while
exercising its powers under Art.226 of the Constitution on
the specious plea that this procedure is not being followed
ordinarily. Procedure is only a handmaid to justice. The
Court has to always strive for pursuit of truth and equity in
order to do justice to parties to the lis. Such pursuit may
lead the Court to a path which is not most often trodden;
but that does not mean that all untrodden paths are
forbidden. Sometimes the journey may be through an alien
terrain. But as long as the choice of the path is made with a
clear vision of the destination ahead, the caravan of justice
should move on; unmindful of the sceptic onlookers and
wayfarers; because ultimately what matters is only
rendering justice to a beleaguered litigant. Technical or
procedural trivialities should never be allowed to frustrate a
litigant who comes before the Court craving for justice."
23. According to me, this Court can adopt any procedures to see
that the order passed by the civil court is protected. If the Court
starts to accept the stand of the administration or police that a court
order cannot be implemented because of a law and order issue,
according to me, that will be a black day to the rule of law. Therefore,
W.P(C)Nos.35613 of 2019 &
the writ petition is to be allowed with definite directions. As I
observed earlier, nobody has got a right to obstruct the
administration or police authorities when they are trying to implement
an order passed by the court of law. If anybody obstructs the
administration or police authorities while implementing the court
order, the authority should catch them with the long arms of the law
itself. They should be booked in criminal cases. Moreover, it is a
serious case. Obstructing the police authorities, when they are trying
to implement the court order is interference to the justice delivery
system and the same should be dealt with the iron hands of the law.
If any such criminal activities are there either from the contesting
respondents or from any others, they should be booked with
appropriate sections in the Indian Penal Code. If there is any
instigators or conspirators, they should also be booked in criminal
case ignoring their status. I also make it clear that if anybody is
arrested in connection with the above case and produced before a
court of law, a copy of this judgment should be produced before the
W.P(C)Nos.35613 of 2019 &
bail court, if any bail application is filed by them. The bail court will
consider the spirit of this judgment and the facts of the case and
thereafter will consider the bail application in accordance with the law.
I also make it clear that if any such criminal case in connection with
the implementation of Ext P3 is registered, the District Police Chief,
Kottayam should constitute a special team to investigate the case and
the final report should be filed before the Court concerned within the
period mentioned in Section 167(2)(i) &(ii) Cr. P.C, depending upon
the offences alleged unless there are unavoidable circumstances for
completing the investigation within that period. If a final report is filed
by the special team after investigation, the Court concerned will see
that the preliminary inquiry and trial if any is completed as
expeditiously as possible. If there is any further delay or failure in
implementing Ext P3 order of the civil court, the District Police Chief,
Kottayam and the State Police Chief will be directly responsible. The
implementation of Ext P3 by the District Police Chief should be
supervised by the State Police Chief directly.
W.P(C)Nos.35613 of 2019 &
Therefore, these writ petitions are disposed of in the following
matter.
1. The District Collector, Kottayam and the District Police Chief,
Kottayam will open the closed church, which was locked as
per the order dated 13.8.2020 of this Court in WP(c)
No.35613 of 2019.
2. The order dated 7.8.2019 in I.A.No.3476 of 2017 in
O.S.No.654 of 2017 of the Prl.Munsiff, Kottayam as directed in
Ext P5 should be implemented forthwith at any rate within six
weeks from the date of receipt of a copy of this judgment.
3. The State Police Chief will supervise all actions necessary for
implementing Ext P3 order of the civil court.
W.P(C)Nos.35613 of 2019 &
4. The respondents 1 to 6 are free to invoke the powers vested
on them under Chapters VIII and X of the Code of Criminal
Procedure to maintain public order tranquility in 7th
respondent Marthasmooni Church, Thiruvarppu, Kottayam
while implementing Ext P3 order.
5. In order to ensure the prevention of any untoward incident in
7th respondent St.Marthasmooni Church, Kottayam,
respondent Nos. 1 to 6 should afford adequate and effective
police protection to the petitioner to conduct religious services
in the 7th respondent church and to the parishioners of the 7 th
respondent church in participating such religious services
without any hindrance or obstruction from respondent Nos. 8
to 15 and their men, agents or followers.
6. If anybody obstruct or create any problem for the smooth
implementation of Ext P3 order, the police authority concerned
W.P(C)Nos.35613 of 2019 &
should register criminal cases against the culprits forthwith.
The instigators and conspirators if any also should be booked
in criminal cases. If any obstructions occurred while
implementing the court order, it should be taken in video and
should be produced in the court concerned in accordance with
the law.
7. The State Police Chief and the District Police Chief, Kottayam
will constitute a special team to investigate those cases, if
any, registered in connection with the implementation of Ext
P3 order passed by the civil court.
8. If any criminal case is registered as directed above, the
special team headed by the investigating officer will
investigate the case forthwith in accordance to the Criminal
Procedure Code and Police Act and that also within the time
mentioned in Section 167(2)(i) &(ii) of the Criminal Procedure
W.P(C)Nos.35613 of 2019 &
Code depending upon the offences alleged, unless there are
sufficient reasons for not completing the investigation within
that period.
9. If any obstruction is caused while implementing Ext P3 order
and those obstructors are arrested and cases are registered,
the investigating officer concerned will produce a copy of this
judgment along with other documents before the court, if they
are produced before a court of law, so that, while considering
the bail application of those persons, the bail court concerned
can consider the spirit of this judgment also. Of course the
bail court can consider the bail application only in accordance
to law and this court has no jurisdiction to dictate a bail court
about the manner in which a bail application is to be
considered.
10. The State Police Chief and the District Police Chief,
Kottayam will file a report of compliance of this judgment
W.P(C)Nos.35613 of 2019 &
before the Registrar General of this Court within six weeks
from the date of receipt of a copy of this judgment.
11. The implementation of Ext P3 order will be subject to
the result of the suit and subject to any modification of Ext P3
by any competent court. But respondent Nos.1 to 6 need not
wait till the disposal of any clarification/modification petition
pending before the lower court.
12. The contesting respondents are free to agitate their
contentions before the lower court concerned and the lower
court will consider the same in accordance with law
untrammelled by any observations in this judgment. I once
again make it clear that this judgment is only to implement
Ext P3 order, till it is varied/modified.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
cms
W.P(C)Nos.35613 of 2019 &
APPENDIX OF WP(C) 35613/2019
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF PLAINT IN O.S.NO.654 OF 2017 FILED
BEFORE THE MUNSIFF'S COURT, KOTTAYAM.
EXHIBIT P2 TRUE COPY OF WRITTEN STATEMENT FILED BY THE
RESPONDENT NOS.7,8 AND 10 TO 12 HEREIN IN EXHIBIT
P1 SUIT.
EXHIBIT P3 TRUE COPY OF I.A.NO.3746 OF 2017 IN O.S.NO.654/2017
FILED BY THE PETITIONER BEFORE THE MUNSIFF'S COURT,
KOTTAYAM.
EXHIBIT P4 TRUE COPY OF COMMON JUDGMENT DATED 26/09/2019 IN
C.M.A.NO.80 OF 2019 AND C.M.A.NO.83 OF 2019 OF
DISTRICT COURT, KOTTAYAM.
EXHIBIT P5 TRUE COPY OF ORDER DATED 06/11/2019 IN I.A.NO.2796
OF 2019 IN O.S.NO.654/2017 OF MUNSIFF'S COURT,
KOTTAYAM.
EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED 14/11/2019
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT P7 TRUE COPY OF REPRESENTATION DATED 25/11/2019
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT P8 TRUE COPY OF NOTICE ISSUED BY THE 2ND RESPONDENT
CALLING FOR A MEETING ON 22/11/2019.
EXHIBIT P9 TRUE COPY OF PETITION FILED IN I.A.NO.3594 OF 2019
BEFORE THE TRIAL COURT DATED 27-01-2020.
EXHIBIT P10 TRUE COPY OF COUNTER AFFIDAVIT FILED 2ND RESPONDENT
IN IN I.A.NO.3 OF 2020 DATED 11-03-2020.
W.P(C)Nos.35613 of 2019 &
EXHIBIT P11 TRUE COPY OF REPRESENTATION DATED 02-03-2020
SUBMITTED BY THE 2ND RESPONDENT.
EXHIBIT P12 THE TRUE COPY REPLY ISSUED BY THE 5TH RESPONDENT
DATED 12-03-2020.
EXHIBIT P13 TRUE COPY OF REPRESENTATION DATED 13-07-2020
SUBMITTED BY THE 5TH RESPONDENT.
RESPONDENTS' EXHIBITS
EXHIBIT R14(a) TRUE COPY OF THE I.A.NO.4/2020 IN O.S.NO.654/2017
DATED 21/7/2020 FILED BY THE PETITIONER HEREWITH
BEFORE THE MUNSIFF'S COURT KOTTAYAM
EXHIBIT R 14 A COPY OF THE APPLICATION FOR IMPLEADMENT I.A 4 OF
2020 IN O.S NO.654 OF 2017 FILED BEFORE THE
LD.MUNSIFF COURT, KOTTAYAM BY THE RESPONDENT NO 14
&15 DATED 21.07.2020
EXHIBIT R 14 A A COPY OF THE STATEMENT OF OBJECTION DATED
04.08.2020 FILED BY THE PETITIONER IN I.A. 4 OF
2020 IN O.S NO,654 OF 2017 BEFORE THE LD.MUNSIFF
COURT KOTTYAM DATED 04.08.2020
EXHIBIT R14 B A COPY OF THE WRITTEN STATEMNE TFILED BY THE
RESPONDENT NO 14&15 DATED O5.11.2020
EXT. R2(a) COPY OF AFFIDAVIT FILED BY THE ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT, HOME DEPARTMENT ALONG WITH ANNEXURES
/TRUE COPY/
P.S.TO JUDGE
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W.P(C)Nos.35613 of 2019 &
APPENDIX OF WP(C) 14191/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF PLAINT IN O.S.NO.654 OF 2017 FILED
BEFORE THE MUNSIFF'S COURT, KOTTAYAM.
Exhibit P2 TRUE COPY OF WRITTEN STATEMENT FILED BY THE
RESPONDENT NOS.7,8 AND 10 TO 12 HEREIN IN EXHIBIT
P1 SUIT.
Exhibit P3 TRUE COPY OF ORDER DATED 7.8.2019 IN I.A.NO.3746 OF
2017 IN O.S.NO.654/2017 FILED BY THE PETITIONER
BEFORE THE MUNSIFF'S COURT, KOTTAYAM.
Exhibit P4 TRUE COPY OF COMMON JUDGMENT DATED 26.9.2019 IN
C.M.A.NO.80 OF 2019 AND C.M.A.NO.83 OF 2019 OF
DISRICT COURT, KOTTAYAM.
Exhibit P5 TRUE COPY OF TRUE COPY OF ORDER DATED 6.11.2019 IN
I.A.NO.2796 OF 2019 IN O.S.NO.654/2017 OF MUNSIFF'S
COURT, KOTTAYAM.
Exhibit P6 TRUE COPY OF REPRESENTATION DATED 14.11.2019
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT.
Exhibit P7 TRUE COPY OF REPRESENTATION DATED 25.11.2019
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT.
Exhibit P8 TRUE COPY OF MINUTES OF THE MEETING DATED
22.11.2019.
Exhibit P9 TRUE COPY OF JUDGMENT IN W.A.NO.320 OF 2020 DATED
18.3.2020 OF THIS HON'BLE COURT.
Exhibit P10 TRUE COPY OF ORDER DATED 5.7.2021 IN S.L.P.(C)
NO.14054-14058 OF 2020 OF THE HON'BLE SUPREME COURT
Exhibit P11 TRUE COPY OF ORDER DATED 21.1.2020 IN WPC NO.35613
OF 2019 OF THIS HON'BLE COURT.
W.P(C)Nos.35613 of 2019 &
Exhibit P12 TRUE COPY OF REPRESENTATION DATED 13.7.2020
SUBMITTED BY THE PETITIONER BEFORE THE 5TH
RESPONDENT, SEEKING IMPLEMENTATION OF THE JUDGMENT
IN K.S.VARGHESE'S CASE AND EXHIBIT.P3 ORDER.
Exhibit P13 TRUE COPY OF ORDER DATED 13.8.2020 IN WPC NO.35613
OF 2019, DIRECTING THE 2ND RESPONDENT TO TAKE OVER
THE CHURCH AND TO KEEP POSSESSION OF THE SAME.
Exhibit P14 TRUE COPY OF ORDER DATED 19.8.2020 IN WP(C)
NO.35613 OF 2019, DIRECTING THE POLICE TO DEPLOY
NECESSARY PERSONS TO PREVENT ANY DESTRUCTION OF THE
CHURCH BUILDING.
Exhibit P15 TRUE COPY OF JUDGMENT DATED 16.10.2020 IN
W.A.NO.1156 OF 2020 AND W.A.NO.1160 OF 2020 OF THIS
HON'BLE COURT.
RESPONDENTS EXTS COPY OF INTERIM APPLICATION FOR DIRECTION I.A.NO.2 OF 2020 IN
O.S.NO.654 OF 2017 FILED BEFORE THE HON'BLE MUNSIFF COURT,
KOTTAYAM BY THE STATE DTD 27.1.2020
/TRUE COPY/
P.S.TO JUDGE
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