Babu George vs The Deputy Superintendent Of Police
2024 Latest Caselaw 13437 Ker

Kerala High Court

Babu George vs The Deputy Superintendent Of Police on 24 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
                       WP(C) NO. 15942 OF 2024
PETITIONER:

             BABU GEORGE,
             AGED 70 YEARS
             S/O.GEORGE MATHEW, KOLLAPALLIL HOUSE, KUTTAMPURZHA,
             THIRUVALLA, PATHANAMTHITTA DISTRICT-689 103.
             BY ADVS.
             GEORGE POONTHOTTAM (SR.)
             NISHA GEORGE
             A.L.NAVANEETH KRISHNAN


RESPONDENTS:

    1        THE DEPUTY SUPERINTENDENT OF POLICE,
             THIRUVALLA, PATHANAMTHITTA DISTRICT-689 101
    2        THE STATION HOUSE OFFICER,
             THIRUVALLA, THIRUVALLA POLICE STATION,
             PATHANATHITTA DISTRICT-689 101
    3        BENCHAMIN JOSEPH,
             REHABOTH HOUSE, CHUMMATHRA P.O., THIRUVALLA-686 103
    4*       THOMAS MATHEW
             AGED 69 YEARS
             SON OF T.O. THOMAS, ELDER AND EVANGELIST, CHRISTIAN
             BRETHREN CHURCH, CHUMATHRA BULIDING NO. IV/ 483,
             CHUMATHRA POST OFFICE, THIRUVALLA, PATHANAMTHITTA
             DISTRICT, RESIDING AT KARACKATTU HOUSE, CHUMATHRA POST
             OFFICE, THIRUVALLA, PATHANAMTHITTA DISTRICT
             PIN- 689103.
             *(ADDNL. R4 IS IMPLEADED AS ADDL R4 AS PER THE ORDER
             DTD 22.5.24 IN IA 1/24 IN THE WPC.
             BY ADVS.
             GEORGE A.CHERIAN
             ARUN CHANDRAN
             GEORGE CHERIAN (SR.)(G-81)
             LATHA SUSAN CHERIAN(K/412/2008)
             SMT.REKHA C.NAIR, SENIOR G.P


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15942 OF 2024               2

                              JUDGMENT

The petitioner says that he has been authorized by the 4 th

respondent to conduct a "Moral Studies" class in a space owned by the

"Christian Brethren Church", Chummathra, which is stated to be a

christian congregation. He says that, however, he is now being obstructed

by the 3rd respondent and therefore, that he has filed Ext.P5 complaint

before the 2nd respondent - Station House Officer, seeking protection; but

which has evoked no response, thus constraining him to approach this

Court through this writ petition.

2. Sri.George Poonthottam, learned Senior Counsel, instructed by

Smt.Nisha George - learned counsel appearing for the petitioner,

vehemently argued that the documents on record, particularly Ext.P4,

would luculently show that his client has been validly permitted by the 4 th

respondent - who is the 'Elder' of the Church - in conducting the classes

and that this is being done solely for the purpose of benefit of children

without any monetary or fiscal arrangement. He argued that, therefore,

the 3rd respondent is without any authority or cause in disrupting the

conduct of the classes and that this is wholly uncharitable because, this

would only cause prejudice to young children.

3. Sri.Arun Chandran - learned counsel appearing for respondent

No.4, submitted that, going by the Trust Deed of the Church, the

Elders take decisions by simple majority and that his client, in his

capacity as one among them, gave authority to the petitioner to

conduct the Moral Education classes which is solely for the benefit of

the young children. He asserted that there is no reason for the 3 rd

respondent to stop this in any manner and therefore, supported the

petitioner in seeking the reliefs projected in this writ petition.

4. Sri.George Cheriyan, learned Senior Counsel, instructed by

Smt.Latha Susan Cheriyan - learned counsel for the 3 rd respondent,

however, submitted that, contrary to the assertions of the 4 th respondent,

he is no longer a part of the Church - he having left it voluntarily, which

fact, according to him, is evident from Exts.R3(d), (e) and (f)

communications issued to him asking to return all the documents and

such other articles of the Church. He then added that, in any event, the

petitioner cannot seek any relief from this Court because, the property in

question does not belong to the Church, but to an Association by name,

"Steward Association in India", to whom the original owner had made the

donation and he relied on Ext.R3(a) in substantiation. He thus prayed that

this writ petition be dismissed.

5. Smt.Rekha C.Nair - learned Senior Government Pleader,

submitted that the Police are unable to understand who among the 4 th and

the 3rd respondents is the authorized person since, both of them claim to

be 'Elders' of the Church. She added that, therefore, the Police cannot

intervene, nor can they come to the aid of either of the parties, except to

protect their lives and to make sure that law and order is maintained.

6. I have evaluated the afore rival submissions, on the touchstone

on the various materials produced on record.

7. No doubt, both the 3rd respondent and the 4th respondent make

various allegations against each other; and the former, in fact, goes to the

extent of saying that the latter has left the Church voluntarily. Various

documents have been produced on record, including the Trust Deed of

the Church, which prima facie, indicate that any decision to be taken by

the Trustees will have to be done through a simple majority. Even though

Sri.Arun Chandran - learned counsel for the 4 th respondent, was directed

on 22.05.2024 - when this matter was last listed - to produce any

document on record to show such a decision, he today conceded that no

such was taken because his client, being the 'Elder', is authorized to take

a decision on his own, which he has done in favour of the petitioner,

taking into account the benefit of the children. However, on the contrary,

as I have already indicated above, the learned Senior Counsel for the 3 rd

respondent takes the stand that the 4th respondent has voluntarily left the

Association and that the property does not belong to the Church at all.

8. Obviously, the afore disputations are in the realm of facts, into

which, this Court cannot enter into on its merits in any manner

whatsoever, while acting nder Artcile 226 of the Constitution of India, nor

can any declarations be made in favour of either of respondents 3 and 4.

9. As matters now stand, the petitioner claims that he has been

authorized by the 4th respondent to conduct classes within the Church;

while the 3rd respondent disputes this vehemently. As rightly argued by

the learned Government Pleader, these are not issues into which the

Police can intervene in any manner.

In the afore circumstances, I dispose of this writ petition, directing

the 2nd respondent - Station House Officer, to ensure that the lives of the

petitioner as also that of the 3 rd and the 4th respondents are adequately

protected, ensuring that none of the parties are allowed to take law into

their own hands or to commit any action in breach of peace.

As far as the claims of the petitioner on one side and that of the 3 rd

respondent in the other side are concerned, they are left open, without

being decided in any manner in this writ petition.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/24.5

APPENDIX OF WP(C) 15942/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REFERENCE NO.1/8 DATED 4.8.2022 BY THE CHRISTIAN BRETHERN CHURCH CHUMATHARA TO THE GENERAL SECRETARY OF STEWARDS ASSOCIATION.

Exhibit P2 TRUE COPY OF THE NOTICE EVIDENCING THE PROGRAMME IN 2013.

Exhibit P3 TRUE COPY OF THE NOTICE EVIDENCING THE PROGRAMME FROM 16.4.2024 Exhibit P4 TRUE COPY OF THE LETTER OF AUTHORISATION DATED 10.4.2024 Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 11.4.2024 BEFORE THE 2ND RESPONDENT.

Exhibit P6            A COPY OF THE NOTICE EVIDENCING THE
                      SCHEDULE OF THE 12TH CAMPUS CLASS PROGRAM
                      FROM    20.05.2024    TO   27.05.2024   AT
                      THIRUVALLA
Exhibit P7            TRUE COPY OF THE POWER OF ATTORNEY DATED

07.05.2024 EXECUTED BY THE WRIT PETITIONER IN FAVOUR MR. ABEY THOMAS.

Exhibit-P8 True Copy of the Deed of Trust dated 27.06.2018 Exhibit-P9 True Copy of the relevant pages of the old wedding register Exhibit-P10 True Copy of the relevant pages from the new wedding register Exhibit-P11 True copy of the communication dated 29.4.2024 sent from Sodhari Samajam Exhibit-P12 True copy of the Circular dated nil issued by K.Thomas Mathew Exhibit-P13 True copy of the photographs showing the obstruction RESPONDENT EXHIBITS Exhibit R3(a) Copy of the documents No.2344/2022 executed by Godly and another in favour of Steward Association in India Exhibit R3(b) A copy of the tax receipt dated 25.5.2022 in respect of the property Exhibit R3(c) A copy of no objection certificate dated 6.10.2008 issued by District Collector to this respondent Exhibit R3(d) Copy of the letter dated 17.03.2023 issued by Thomas Mathew Exhibit R3(e) True copy of the letter dated 27.4.2023

issued by Thomas Mathew Exhibit R3(f) True copy of letter dated 24.3.2024 issued to Thomas Mathew Exhibit R3(g) True copy of the notice published by Thomas Mathew Exhibit R3(h) True copy of the letter dated 17 .4.2024 submitted by Christian Bretheren Church Chummathara to Inspector of Police Thiruvalla Exhibit R3(i) copy of the complaint dated 18.04.2024 submitted by Christan Berthren Church Chunathara to the District Superintendent of Police Pathanamthitta