Very Rev. Kuriakose Abraham ... vs State Of Kerala, Rep. By Its Chief ...
2024 Latest Caselaw 17466 Ker

Kerala High Court

Very Rev. Kuriakose Abraham ... vs State Of Kerala, Rep. By Its Chief ... on 21 June, 2024

Author: V.G.Arun

Bench: V.G.Arun

W. A. No. 824 of 2024
                                 -1-



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                  &
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
   FRIDAY, THE 21ST DAY OF JUNE 2024 / 31ST JYAISHTA, 1946
                         WA NO. 824 OF 2024
   AGAINST THE JUDGMENT IN WP(C) NO.12443 OF 2024 OF HIGH
                           COURT OF KERALA
APPELLANT/S:

     1       VERY REV. KURIAKOSE ABRAHAM CORE-EPPISCOPPA
             AGED 68 YEARS
             S/O. LATE. ABRAHAM, KARUKAYIL (H), MALAM (P.O),
             KOTTAYAM DISTRICT, CHAIRMAN, ST. MARY'S JACOBITE
             SYRIAN CHARITABLE & EDUCATIONAL SOCIETY,
             MANARCAUD, KOTTAYAM & MANAGER, ST.MARY'S COLLEGE
             MANARCAUD, KOTTAYAM., PIN - 686019
     2       GEORGE VARGHESE
             AGED 59 YEARS
             S/O. LATE. C.U GEORGE, CHIRAKKATTU (H), MANARCADU
             (P.O), KOTTAYAM DISTRICT., PIN - 686019
     3       P.A.ABRAHAM
             AGED 79 YEARS
             S/O. ITTY ABRAHAM, PAZHAYIDATHU VAYALIL (H),
             MANARCAD (P.O), KOTTAYAM DISTRICT, PIN - 686019
     4       VARGHESE P.I
             AGED 64 YEARS
             S/O. LATE. IPE, CHELAYACKAL PARAYIL (H), VELLOOR
             (P.O), KOTTAYAM DISTRICT., PIN - 686501
     5       DR. JITHIN KURIAN ANDREWS
             AGED 32 YEARS
             S/O. FR. ANDREWS CHIRAVATHARA EAPEN, CHIRAVATHARA
             HOUSE, PARAMPUZHA (P.O), MANARACADU, KOTTAYAM
             DISTRICT., PIN - 686004
             BY ADVS.
             P.K.SURESH KUMAR (SR.)(S-793)
             SANTHARAM.P
 W. A. No. 824 of 2024
                                -2-


             P.G.GOKULNATH
             REKHA ARAVIND


RESPONDENT/S:

     1       STATE OF KERALA, REP. BY ITS CHIEF SECRETARY,
             REPRESENTED BY ITS SECRETARY
             GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM , * IS
             CORRECTED AS STATE OF KERALA, REPRESENTED BY
             SECRETARY, HOME DEPARTMENT, GOVERNMENT
             SECRETARIAT, THIRUVANANTHAPURAM PIN - 695001 AS
             PER ORDER DATED 03.04.2024 IN I.A.1/2024 IN
             WP(C)NO.12443/2024., PIN - 695001
     2       THE SUPERINTENDENT OF POLICE, DISTRICT POLICE
             OFFICE
             COLLECTORATE (P.O), KOTTAYAM DISTRICT, PIN -
             686002
     3       THE STATION HOUSE OFFICER
             MANARCADU POLICE STATION, MANARCADU (P.O),
             KOTTAYAM DISTRICT, PIN - 686019
     4       PRINCE ELIAS
             AGED 61 YEARS
             S/O. LATE. FR.MATHEW.P.ELIAS, PAZHAYIDATHUVAYALIL
             HOUSE, MALAM (P.O),KOTTAYAM DISTRICT, PIN -
             686019
     5       K.M MATHEW
             AGED 66 YEARS
             S/O. LATE. KORAH, PADATHUMAPILEKUNNEL (H),
             MANARCAD (P.O), KOTTAYAM DISTRICT, PIN - 686019
     6       SHAJI MATHEW
             AGED 64 YEARS
             S/O MATHEWS, PUTHUMANA HOUSE, MALAM (P.O),
             KOTTAYAM DISTRICT, PIN - 686019
     7       BINU ABRAHAM
             AGED 49 YEARS
             S/O. ABRAHAM K.T, KOCHUPARAMBIL HOUSE, MALAM
             (P.O), KOTTAYAM DISTRICT, PIN - 686019

OTHER PRESENT:
 W. A. No. 824 of 2024
                                      -3-


              SR.GP.K.P.HARISH;
              ADV. ACHUTH KYLAS FOR R4



       THIS    WRIT     APPEAL   HAVING     COME   UP    FOR    ADMISSION    ON
21.06.2024,      THE     COURT   ON   THE    SAME       DAY    DELIVERED    THE
FOLLOWING:
 W. A. No. 824 of 2024
                                    -4-


                           JUDGMENT

Dated this the 21st day of June, 2024

A. J. Desai, C. J.

By way of the present appeal filed under Section 5 of the

Kerala High Court Act, 1958, the original petitioners have

challenged the judgment dated 05.04.2024 in W. P. (C) No. 12443

of 2024 by which the learned Single Judge dismissed the writ

petition filed for Police protection leaving liberty to the appellants

to move the civil court to obtain necessary orders.

2. It is the case of the learned Senior Counsel appearing for

the appellants that subsequent to the election to the committee of

the St.Mary's Jacobite Syrian Charitable and Educational Society,

the appellants are in the management of the College. However, the

party respondents are obstructing them and therefore, order

granting Police protection may be passed.

3. We have heard the learned counsel appearing for the

respective parties.

4. On going through the judgment impugned in this appeal, it

is evident that the parties are before the civil court claiming rights

with regard to the management and the suits are pending.

Therefore, we are of the opinion that the learned Single Judge has

rightly observed that the parties can move the civil court for

appropriate relief under the relevant provisions of law. Therefore,

it is for the appellants to file application in the pending suits or file

fresh proceedings.

The writ appeal is dismissed accordingly.

Pending Interlocutory Applications, if any, shall stand

closed.

Sd/-

A. J. DESAI CHIEF JUSTICE

Sd/-

V. G. ARUN JUDGE

Eb

PETITIONER ANNEXURES Annexure 1 TRUE COPY OF ORDER DATED 11.04.2024 IN I.A NO.2/2024 IN C.M.A NO20/2024 OF ADDITIONAL DISTRICT JUDGE -V, KOTTAYAM