Kerala High Court
St. Mary’S Orthodox Syrian Church, ... vs Dr. Venu. V Ias on 12 June, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Wednesday, the 12th day of June 2024 / 22nd Jyaishta, 1946
CONTEMPT CASE(C) NO. 330 OF 2024(S) IN WP(C) 11705/2022
PETITIONERS/PETITIONERS:
1. ST. MARY'S ORTHODOX SYRIAN CHURCH, ERICKINCHIRA, (ERICKINCHIRA
CHURCH) KORENCHIRA POST, KIZHAKKENCHERRY-I VILLAGE, ALATHUR TALUK,
PALAKKAD DISTRICT - REPRESENTED BY ITS VICAR FR. MATHAI
THOZHUTHUNGAL, PIN - 678 684.
2. FR. MATHAI THOZHUTHUNGAL, AGED 70 YEARS, S/O. LATE KURIAKOSE,
VICAR, ST. MARY'S ORTHODOX SYRIAN CHURCH, ERICKINCHIRA,
(ERICKINCHIRA CHURCH), RESIDING AT THOZHUTHUNGAL HOUSE, MUDAPALLUR
P.O, KADAMCODU, PALAKKAD, PIN - 678 705.
BY ADVOCATES M/S. ROSHEN.D.ALEXANDER, TINA ALEX THOMAS, HARIMOHAN &
KOCHURANI JAMES.
RESPONDENTS/CONTEMNORS:
1. DR. VENU. V IAS, PRESENTLY OFFICIATING AS THE CHIEF SECRETARY,
STATE OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695 001.
2. BISHWANATH SINHA IAS, PRESENTLY OFFICIATING AS THE ADDITIONAL CHIEF
SECRETARY, HOME DEPARTMENT, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
3. SHEIKH DARVESH SAHIB, PRESENTLY OFFICIATING AS THE THE DIRECTOR
GENERAL OF POLICE AND STATE POLICE CHIEF, STATE OF KERALA, POLICE
HEAD QUARTERS, THIRUVANANTHAPURAM, PIN - 695 001.
4. DR. S. CHITHRA IAS, PRESENTLY OFFICIATING AS THE THE DISTRICT
COLLECTOR, COLLECTORATE, PALAKKAD, PIN - 678 001.
5. R. ANAND IPS, PRESENTLY OFFICIATING AS THE DISTRICT POLICE CHIEF,
DISTRICT POLICE OFFICE, PALAKKAD, PIN - 678 001.
6. DR. AMRUTHAVALLI. P, PRESENTLY OFFICIATING AS THE SUB DIVISIONAL
MAGISTRATE & REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE,
OTTAPALAM, PALAKKAD, PIN - 679 101.
7. C.R SANTHOSH, PRESENTLY OFFICIATING AS THE DEPUTY SUPERINTENDENT OF
POLICE, ALATHUR, ALATHUR P.O, PALAKKAD, PIN - 678 541.
8. BENNY K. P, PRESENTLY OFFICIATING AS THE CIRCLE INSPECTOR OF
POLICE, (SHO) VADAKKANCHERY POLICE STATION, PALAKKAD, PIN - 678
683.
9. FR. ANI JOHN, AGED 33 YEARS, S/O. LATE JOHN, VAINNILATHIL HOUSE,
MANNAMANGALAM P.O, THRISSUR, PIN - 680 014.
10. T.C GEEVERGHESE, AGED 78 YEARS, THANNIKOT HOUSE, VENGASSERY,
KORANCHIRA P.O, PALAKKAD, PIN - 678 684.
11. ABRAHAM SCARIA, AGED 64 YEARS, S/O. SCARIA, PUTHUSSERY HOUSE,
PATTAYAMPADAM, KORANCHIRA P.O, PALAKKAD, PIN - 678 684.
P.T.O.
SRI.ASOK M. CHERIAN, ADDITIONAL ADVOCATE GENERAL &
SRI.T.S.SHYAM PRASANTH, GOVERNMENT PLEADER FOR R1 TO R8.
ADVS. M/S. SAJAN VARGHEESE K. & LIJU. M.P FOR R9 TO R11
This Contempt of court case (civil) having come up for orders on
12.06.2024, the court on the same day passed the following:
P.T.O.
DEVAN RAMACHANDRAN, J.
=========================
Cont.Case(C)Nos.299/2024, 329/2024, 330/2024,
1761/2023, 1803/2023,1824/2023 and RP
No.1148/2023
==========================
Dated this the 12th day of June, 2024
ORDER
Sri.K.Ram Kumar - learned Senior Counsel, instructed by
the Sri.Sreenath Vijayaraghavan, appearing for the party
respondents in these matters, except in Cont.Case(C)
No.1824/2023, submitted that the allegations impelled by the
petitioners against his clients are inaccurate and wrong; and
that they have never and do not intend to cause any
obstruction, or commit any action which is in violation of
peace, when the directions in the judgments are sought to be
implemented by the Authorities. He, however, added that his
clients are awaiting the judgments in writ appeals filed against
the judgments involved in these cases.
2. As far as the 10th respondent in Cont.Case(C)
No.1824/2023 is concerned, his learned Counsel - Sri.Saji
Varghese, argued that an appeal has been filed against the
judgment and therefore, that the directions of the learned
Cont.Case(C)Nos.299/2024, 329/2024,
330/2024, 1761/2023, 1803/2023,
1824/2023 and RP No.1148/2023
..2..
Single Judge has not become final. He thus asserted that, the
directions cannot be implemented; but, adding that his clients
have never committed any action which is in violation of law or
in contempt of the orders of this Court.
3. The learned Additional Advocate General, Sri.Asok.
M.Cherian, instructed by Sri.T.S.Shyam Prasanth - learned
Government Pleader, submitted that a Memo has been filed by
him, detailing the predicament faced by the Authorities in
implementing the judgment. He submitted that, however,
since the party respondents make the afore undertaking, an
attempt will be made to implement the judgments; to be
reported to this Court by the next posting date.
4. Even though the learned Additional Advocate
General offers such an undertaking, I must caution the
Authorities, including the Police, that excessive force, or action
which is unnecessary and disproportionate, would not be
tolerated by this Court. They are expected to act within the
confines of law, thus ensuring that the directions are implicitly
complied with.
5. However, since the intention of this Court is to
ensure that compliance of the directions are achieved without
Cont.Case(C)Nos.299/2024, 329/2024,
330/2024, 1761/2023, 1803/2023,
1824/2023 and RP No.1148/2023
..3..
violation of law and order, I leave liberty to the learned
Additional Advocate General, or Sri.T.S.Shyam Prasanth -
learned Government Pleader, to seek any clarification, while
the afore directions are implemented, through appropriate
applications.
Post on 26.06.2024, along with Cont.Case(C)
No.1109/2024.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
ACR
12-06-2024 /True Copy/ Assistant Registrar
