Kerala High Court
Rt. Rev. Dr. Royce Manoj Victor vs Sub Collector & Sub Divisional ... on 21 June, 2024
Author: T.R. Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 21ST DAY OF JUNE 2024 / 31ST JYAISHTA, 1946
WP(C) NO. 21921 OF 2024
PETITIONER:
RT. REV. DR. ROYCE MANOJ VICTOR,
AGED 59 YEARS, S/O. T. S. VICTOR,
BISHOP-IN-CHARGE, CHURCH OF SOUTH INDIA,
SOUTH KERALA DIOCESE (SIUC),
OFFICE OF THE BISHOP, LMS COMPOUND,
THIRUVANANTHAPURAM, PIN - 695033
BY ADVS.
ROSHEN.D.ALEXANDER
TINA ALEX THOMAS
HARIMOHAN
RESPONDENTS:
1 SUB COLLECTOR & SUB DIVISIONAL MAGISTRATE
COLLECTORATE, THIRUVANANTHAPURAM,
PIN - 695043
2 ADMINISTRATORS OF CHURCH OF SOUTH INDIA,
APPOINTED BY THE HON'BLE DIVISION BENCH OF
HIGH COURT OF MADRAS IN ITS ORDER DTD. 12.04.2024
IN OSA. NOS. 198 OF 2023 AND CONNECTED MATTERS,
CSI SYNOD SECRETARIAT, CSI CENTER,
NO.5, WHITES ROAD, CHENNAI.
EMAIL ADDRESS: [email protected], [email protected],
[email protected].,
PIN - 600014
3 COMMISSIONER OF POLICE,
C.V. RAMAN PILLAI ROAD, THYCAUD,
THIRUVANANTHAPURAM, PIN - 695014
4 SHO & CIRCLE INSPECTOR OF POLICE,
MUSEUM POLICE STATION,
THIRUVANANTHAPURAM CITY, PIN - 695033
WP(C) NO. 21921 OF 2024
2
5 TAHSILDAR,
TALUK OFFICE, THIRUVANANTHAPURAM,
PIN - 695023
6 VILLAGE OFFICER,
VILLAGE OFFICE, KOWDIAR,
THIRUVANANTHAPURAM, PIN - 695033
7 T.T. PRAVEEN,
S/O. THOMSON, MICHEL HOUSE,
DOOR NO. TC16/882 (18),
SREEKRISHNA NAGAR, THYCAUD, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
BY ADV RAJESH NARAYAN L
SRI. C. E. UNNIKRISHNAN, SPL. GP FOR R1 & R3 TO R6.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21921 OF 2024
3
T.R. RAVI, J.
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W. P. (C). No.21921 of 2024
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Dated this the 21st day of June, 2024
JUDGMENT
The writ petition has been filed with the following prayers:
i. To issue a Writ in the nature of certiorari or any other
appropriate Writ, order or direction calling for the records
leading to the issuance of Exts.P11 and P13 and quash the
same.
ii. To issue a Writ in the nature of a declaration or any other
appropriate Writ, order or direction declaring that Exts.P11
and P13 issued by the 1st Respondent is illegal, arbitrary,
discriminatory, against the procedure established by law,
against the principles of natural justice and therefore liable to
be set aside.
iii. To issue a Writ in the nature of mandamus or any other
appropriate Writ, order or direction directing Respondents 1, 3
to 6 not to prevent Petitioner from entering the LMS
compound including Bishop's House, office, Bishop's office,
administrative office (Kingsley Bungalow) etc.
iv. To issue a Writ in the nature of mandamus or any other
appropriate Writ, order or direction directing Respondents 1, 5
and 6 to remove the seals of the structures in the LMS
Compound including Bishop's House, office, Bishop's office,
administrative office (Kingsley Bunglow) etc.
v. To issue a Writ in the nature of mandamus or any other
appropriate Writ, order or direction directing Respondents 3
and 4 to give adequate protection to the life of the Petitioner
for entering into the Bishop's House, office, Bishop's office,
Administrative office [Kingsley Bungalow] etc.
WP(C) NO. 21921 OF 2024
vi. To issue such other appropriate writ, order or direction that
may be deemed to be just and equitable in the facts and
circumstances of the case.
2. The petitioner claims to be the Bishop-in-charge appointed
by the Administrators appointed by the High Court of Madras for
administrating the affairs of the Church of South India. It is stated
that the Administrators have appointed a Bishop-in-charge as well as
a committee for administrating affairs and the Bishop-in-charge and
the committee had already taken charge. It is further stated that
after they took charge, the Hon'ble Supreme Court has issued orders
directing the Administrators appointed by the High Court of Madras as
per order dated 12.04.2024 not to take any decision either with
regard to holding elections or administration of the Church of South
India and the CSI Trust Association till the next date of hearing. The
attempt of the petitioner is to submit that since the petitioner and the
committee had already taken charge prior to the issuance of the
orders of the Hon'ble Supreme Court, they should be permitted to
remain in office. The prayers in the writ petition are also
consequential to such right to remain in office.
3. When the case is taken up for hearing, it is brought to my
notice that two writ petitions WP(C) Nos.19592 and 19179 of 2024
WP(C) NO. 21921 OF 2024
had been filed before this Court by persons purportedly belonging to a
different faction seeking orders of Police protection, alleging that the
persons appointed by the Administrators who do not have any right to
be in office, are interfering with the administration of the Church by
the persons who were till then in office. By judgment dated
11.06.2024, this Court had disposed of the said writ petitions. This
Court found that the Court cannot find in favour of either of the
parties and it is for them to seek necessary clarification from the
Hon'ble Supreme or await until further orders are issued by the Court.
The reason for arriving at such a conclusion has also been stated in
the judgment. The Court had taken into account a communication
which is sent by the Administrators directing the committee of
Administrators appointed for the Diocese to ensure that they desist
with immediate effect from discharging any duties assigned to their
posts. The said communication had been issued on 23.05.2024.
Since the Hon'ble Supreme Court had in effect stayed the directions
issued by the High Court of Madras and since the Administrators have
also understood the order in the said manner, the petitioner can no
longer claim to be the person who has been appointed by the
Administrators as Bishop-in-charge and continue to function as such.
In the above circumstances, this writ petition also cannot be
WP(C) NO. 21921 OF 2024
entertained at the instance of the petitioner since his right to remain
in office itself is under a cloud because of the orders issued by the
Hon'ble Supreme Court. Leaving open the remedy to approach the
Hon'ble Supreme Court, this writ petition is dismissed.
/- - Sd/-
T.R. RAVI
JUDGE
Pn
WP(C) NO. 21921 OF 2024
APPENDIX OF WP(C) 21921/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE INTERIM ORDER DTD.
12.01.2023 IN O.A. NOS. 818 AND 819 OF 2022
IN C.S. NO. 274 OF 2022 AND CONNECTED
MATTERS ON THE FILES OF THE HON'BLE HIGH
COURT OF MADRAS.
Exhibit P2 TRUE COPY OF THE COMMON ORDER DTD.
05.09.2023 IN A. NOS. 54 TO 57 OF 2023 IN
C.S. NO. 86 OF 2022 AND CONNECTED MATTERS
ON THE FILES OF THE HON'BLE HIGH COURT OF
MADRAS.
Exhibit P3 TRUE COPY OF THE ORDER DTD. 12.04.2024 IN
OSA NOS. 198 OF 2023 AND CONNECTED MATTERS
ON THE FILES OF THE HON'BLE HIGH COURT OF
MADRAS.
Exhibit P4 TRUE COPY OF THE MINUTES OF THE MEETING
DTD. 18.04.2024 CONVENED AT THE AEGIS OF
THE ADMINISTRATORS APPOINTED BY THE HON'BLE
HIGH COURT OF MADRAS.
Exhibit P5 TRUE COPY OF THE MINUTES DTD. 30.04.2024 OF
THE MEETING CONDUCTED BY THE ADMINISTRATORS
APPOINTED BY THE HON'BLE HIGH COURT OF
MADRAS.
Exhibit P6 TRUE COPY OF THE FORMAL LETTER OF
APPOINTMENT DTD. 03.05.2024.
Exhibit P7 TRUE COPY OF THE ORDER DTD. 03.05.2024
APPOINTING THE COMMITTEE OF ADMINISTRATORS
ADDRESSED TO THE PETITIONER.
Exhibit P8 TRUE COPY OF THE MINUTES OF THE MEETING
DTD. 08.05.2024 OF THE ADMINISTRATIVE
COMMITTEE OF THE CSI SOUTH KERALA DIOCESE.
Exhibit P9 TRUE COPY OF THE RECORD OF PROCEEDINGS DTD.
22.05.2024 IN SLP(C) NOS. 9079 - 9081/2024
WP(C) NO. 21921 OF 2024
ON THE FILES OF THE HON'BLE SUPREME COURT
OF INDIA.
Exhibit P10 TRUE COPY OF THE PRINT OUT OF THE E-MAIL
DTD. 23.05.2024 ISSUED BY THE
ADMINISTRATOR.
Exhibit P11 TRUE COPY OF THE MINUTES OF THE MEETING
DTD. 23.05.2024 ISSUED BY THE SUB
COLLECTOR.
Exhibit P12 TRUE COPY OF THE REQUEST DTD. 24.05.2024
SUBMITTED BY THE PETITIONER TO THE 1ST
RESPONDENT
Exhibit P13 TRUE COPY OF THE MINUTES OF THE MEETING
CONDUCTED ON 30.05.2024 IN THE CHAMBERS OF
THE 1ST RESPONDENT.
Exhibit P14 TRUE COPY OF THE REPRESENTATION DTD.
31.05.2024 SUBMITTED BY THE PETITIONER TO
THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM
WITH COPY TO THE 1ST RESPONDENT.
Exhibit P15 TRUE COPY OF THE E-MAIL COMMUNICATION DTD.
04.06.2024 ISSUED BY THE PETITIONER SEEKING
IMMEDIATE INTERVENTION OF THE
ADMINISTRATORS.
Exhibit P16 TRUE COPY OF THE REPRESENTATION DTD.
07.06.2024 SUBMITTED BY THE PETITIONER'S
SECRETARY TO THE 1ST RESPONDENT AS WELL AS
THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
Exhibit P17 TRUE COPY OF THE OF THE ORDER DTD.
07.06.2024 IN CONTEMPT PETITION (CIVIL)
DIARY NO. 25346/2024 ON THE FILES OF
HON'BLE SUPREME COURT OF INDIA.
Exhibit P18 TRUE COPY OF THE JUDGMENT DTD. 25.05.2024
OF THE MADURAI BENCH OF THE HON'BLE HIGH
COURT OF MADRAS IN WMP NO. 15116/2024 IN
W.P NO. 13921/2024.
