St. George Orthodox Syrian ... vs State Of Kerala
2022 Latest Caselaw 11901 Ker

WP(C) No.41684/2022                      1/3

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                      THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         Wednesday, the 21st day of December 2022 / 30th Agrahayana, 1944
                            WP(C) NO. 41684 OF 2022(I)
   PETITIONERS:

      1. ST. GEORGE ORTHODOX SYRIAN CHURCH, THENIDUKKU, (THENIDUKKU CHURCH),
         THENIDUKKU, VADUKKUMCHERY POST, PALAKKAD DISTRICT,REPRESENTED BY ITS
         VICAR FR. SAJAN KANJIRAMPARA., PIN - 678683
      2. FR. SAJAN KANJIRAMPARA AGED 53 YEARS S/O. PAULOSE K.Y,VICAR, ST.
         GEORGE ORTHODOX SYRIAN CHURCH, THENIDUKKU, (THENIDUKKU
         CHURCH), RESIDING AT GEDSEEMON BISHOP'S HOUSE, MANNUTHY P.O,
         OLLUKKARA VILLAGE, THRISSUR., PIN - 680651

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO STATE OF
         KERALA, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM., PIN - 695001
      2. THE CHIEF SECRETARY, GOVT. OF KERALA, GOVERNMENT
         SECRETARIAT,THIRUVANANTHAPURAM., PIN - 695001
      3. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME,
         GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.,
         PIN - 695001
      4. THE DIRECTOR GENERAL OF POLICE AND STATE POLICE CHIEF, POLICE HEAD
         QUARTERS, THIRUVANANTHAPURAM., PIN - 695001
      5. THE DISTRICT COLLECTOR, COLLECTORATE,PALAKKAD., PIN - 678001
      6. THE DISTRICT POLICE CHIEF,OFFICE OF THE DISTRICT POLICE CHIEF,
         PALAKKAD DISTRICT., PIN - 678001
      7. REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL
         OFFICER,PALAKKAD., PIN - 678001
      8. THE DEPUTY SUPERINTENDENT OF POLICE, ALATHUR P.O, PALAKKAD DISTRICT,
         KERALA., PIN - 678541
      9. CIRCLE INSPECTOR OF POLICE, (SHO) VADAKKENCHERY POLICE
         STATION,PALAKKAD., PIN - 678683
     10. FR. MATHEW ABRAHAM AGED 59 YEARS S/O. ABRAHAM, AZHANTHARA HOUSE,
         KONGAD PO, PALAKKAD DISTRICT., PIN - 678631
     11. KURIAKOSE AGED 53 YEARS S/O. GEORGE, CHALAKKATTUKUZHI HOUSE,
         NOW.HIMSELF CALLED KURIAKOSE MAR EUSEPHIOUS, YACOBAYA SURIANI
         CHRISTANI SABA, BETHEL BISHOP HOUSE, PATTIKKAD P.O, THRISSUR
         DISTRICT., PIN - 680652
     12. BENNY, S/O. MATHAI, AGED 45 YEARS, NEDUMPURAM HOUSE,
         P.O.PANNIYANKARA, KANNAMPRA VILLAGE, PALAKKAD DISTRICT., PIN -
         678683
     13. BABU, AGED 40 YEARS, IYYAMBILLY HOUSE, PANNIYANKARA P.O.,
         VADAKKUMCHERRY, PALAKKAD DISTRICT., PIN - 678683
     14. SADHEESH CHAKO, AGED 48 YEARS, S/O. CHAKO, ARTHUNGAL HOUSE,
         VADUKKUMCHERY P O, PALAKKAD DISTRICT., PIN - 678683
     15. VARGHESE K J, KANDANALIL HOUSE,PANNIYANKARA P.O, PALAKKAD DISTRICT.,
         PIN - 678683
 WP(C) No.41684/2022                         2/3

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the Respondents 1 to 9:

        (i) to render adequate and sufficient police protection to the life
   of 2nd Petitioner and other Clergy including the Vicar, Priests, Deacons,
   Prelates, Metropolitans and the Catholicos of the Malankara Orthodox
   Church appointed under the 1934 Constitution, to conduct religious
   services in 1st Petitioner church, its cemetery and kurishadies and also
   to the life of the Parishioners of the 1st Petitioner Church, who declare
   allegiance to the 1934 Constitution, in participating such religious
   services without any obstruction, interruption or hindrance from
   Respondents 10 to 15, their men, agents or followers of Jacobite faction
   and anybody claiming under them and in compliance of Ext.P4 judgment.

        (ii) take necessary steps to preserve the properties of the 1st
   Petitioner Church, pending disposal of writ petition.

        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S ROSHEN.D.ALEXANDER, TINA ALEX THOMAS, HARIMOHAN, KOCHURANI JAMES
   Advocates for the petitioners and GOVERNMENT PLEADER for the respondents 1
   to 9, the court passed the following:
                                      ORDER

Admit.

Learned Government Pleader takes notice for respondents 1 to 9. Issue notice to respondents 10 to 15 by speed post.

Post immediately after service is complete.

In the menawhile, the Station House Officer shall look into Exhibit P5 complaint submitted by the petitioners and take necessary steps, in accordance with law, in the light of Exhibit P4.

                                                  Sd/- ANU SIVARAMAN JUDGE




21-12-2022                    /True Copy/                            Assistant Registrar
 WP(C) No.41684/2022                 3/3

                       APPENDIX OF WP(C) 41684/2022
Exhibit P4            True copy of the judgment dtd. 05.05.2020 in O.S No.

686/2012 on the files of Hon'ble Sub Court, Palakkad Exhibit P5 TRUE COPY OF THE REPRESENTATION DTD. 30.03.2022 SUBMITTED BY THE 2ND PETITIONER BEFORE RESPONDENTS 2 TO 9 .