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Varkey vs District City Police Commissioner
2025 Latest Caselaw 9867 Ker

Citation : 2025 Latest Caselaw 9867 Ker
Judgement Date : 21 October, 2025

Kerala High Court

Varkey vs District City Police Commissioner on 21 October, 2025

Author: V.G.Arun
Bench: V.G.Arun
                                                       2025:KER:78135

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

     TUESDAY, THE 21ST DAY OF OCTOBER 2025 / 29TH ASWINA, 1947

                       WP(C) NO. 32555 OF 2025

PETITIONERS:

    1     VARKEY
          AGED 68 YEARS
          S/O. DEVASSY, MUTTICHUKARAN HOUSE,
          GANDHINAGAR ROAD, OLLUR P.O,
          THRISSUR, PIN - 680306

    2     DAVIES
          AGED 64 YEARS
          S/O. VARUNNI, , MALIYEKKAL HOUSE,
          POLICE STATION ROAD, OLLUR P.O,
          THRISSUR, PIN - 680306

    3     BOBBIN
          AGED 33 YEARS
          S/O. RAPPAI, ALLAPADAN HOUSE,
          ST. ANTONY'S ROAD, OLLUR P.O,
          THRISSUR, PIN - 680306


          BY ADVS.
          SRI.RAJIT
          SMT.SRUTHI RAJIT
          SHRI.CRIS LIVIN AUGUSTINE




RESPONDENTS:

    1     DISTRICT CITY POLICE COMMISSIONER
          THRISSUR, COLLECTORATE, AYYANTHOLE,
          THRISSUR, PIN - 680003

    2     COMMISSIONER OF POLICE
          THRISSUR, G698+F83, PATTALAM RD,
                                                    2025:KER:78135
WP(C) NO. 32555 OF 2025

                                 2
             IN FRONT OF TOWN EAST POLICE STATION,
             SAKTHAN THAMPURAN NAGAR, VELIYANNUR,
             THRISSUR, PIN - 680001

     3       DEPUTY SUPERINTENDENT OF POLICE
             OLLUR POLICE STATION, OLLUR, OLLUR P.O,
             THRISSUR, PIN - 680306

     4       INSPECTOR OF POLICE
             POLICE STATION ROAD, OLLUR INDUSTRIAL ESTATE,
             OLLUR, THRISSUR, PIN - 680306

     5       ST.ANTONY'S FORANE CHURCH, OLLUR
             THRISSUR, REPRESENTED BY ITS VICAR.
             (IS IMPLEADED AS ADDITIONAL 5TH RESPONDENT AS PER
             ORDER DATED 21.10.2025 IN I.A.No.1 of 2025)
     6       TRUSTEE
             ST.ANTONY'S FORANE CHURCH, OLLUR, THRISSUR.
             (IS IMPLEADED AS ADDITIONAL 6TH RESPONDENT AS PER
             ORDER DATED 21.10.2025 IN I.A.No.1 of 2025)

     7       OLLUR MARYMATHA CHURCH
             P.O.OLLUR, THRISSUR, REPRESENTED BY ITS VICAR
             (IS IMPLEADED AS ADDITIONAL 7TH RESPONDENT AS PER
             ORDER DATED 21.10.2025 IN I.A.No.2 of 2025)

     8       TRUSTEE
             OLLUR MARYMATHA CHURCH
             P.O.OLLUR, THRISSUR
             (IS IMPLEADED AS ADDITIONAL 8TH RESPONDENT AS PER
             ORDER DATED 21.10.2025 IN I.A.No.2 of 2025)

             BY ADVS.
             SRI.LINDONS C.DAVIS
             SMT.CHINJU P. JOYIES
             SHRI.VINAYAK MANOHARAN P.
             SMT.E.U.DHANYA
             SRI.RAJITH DAVIS
             SRI. P.S. APPU, GP.


      THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 21.10.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                                     2025:KER:78135
WP(C) NO. 32555 OF 2025

                                    3




                              JUDGMENT

The St. Antony's Forane Church, Ollur was

established in the year 1718. The famous Panamkuttichira

Angadi Valaghosham takes place in the Church every year in

connection with the feast of the Archangel Raphael. The

petitioners are seeking Police protection for the

Panamkuttichira Angadi Valaghosham scheduled to be held

on 23.10.2025.

2. Learned counsel for the petitioners submits

that the procession is part of the Church festival and has to

be conducted without fail. It is submitted that by reason of

certain disputes, the practice of the Priest handing over the

gold bangles for the procession is not being followed for the

past two years and hence the Parishioners and devotees are

organising the procession on their own. It is submitted that

the petitioners have no intention of entering the Church or

creating any law and order issues and is only seeking Police

protection for the smooth conduct of the procession.

3. Learned counsel appearing for the additional 2025:KER:78135 WP(C) NO. 32555 OF 2025

respondents 5 to 7 submits that petitioners are not

parishioners of the St. Antony's Forane Church. They had

approached the Civil Court seeking temporary prohibitory

injunction restraining the Priest and the office bearers of the

Church from causing any hindrance or disturbance to the

procession to be conduced from Panamkuttichira Angadi to

St.Antony's Forane Church, Ollur, in connection with the

Valaghosham of 2024. The jurisdictional Munsiff, after

detailed consideration, rejected the prayer. As such, the

petitioners have no legal right to conduct the procession or

demand Police protection. It is submitted that Valagosham

can be conducted only by the Aghosha Samithies within the

geographical limits of the Church. The gold fish and bangle

for the conduct of the Valaghosham has to be given by the

Vicar of the Church on 23.10.2025. Then only the Aghosham

will commence. Being so, this year's valaghosham cannot

be conducted by the petitioners and other random persons.

4. Learned Government Pleader submits on

instructions that, initially permission for conducting the

procession was granted as per Ext.P2. But, later it came to 2025:KER:78135 WP(C) NO. 32555 OF 2025

light that disputes are pending before the civil court and the

prayer for injunction to restrain the Vicar and others from

obstructing the procession last year was declined by the

court. Therefore, the Police had a rethink and Ext.P3 was

passed making it clear that action in the matter will be taken

strictly in accordance with the directions of the court.

5. It is not in dispute that the Panamkuttichira

Angadi Valaghosham has been in vogue as part of annual

Church Festival for the past many years. It is also a fact that

disputes are pending between the Church and the faction

represented by the petitioner. The question therefore is

whether such dispute should result in the religious

procession being disrupted. The answer to the question can

only be in the negative, since the disruption will hurt the

religious sentiments of a large number of persons. The

Police is hence bound to ensure that the procession is

conducted peacefully.

6. The Writ Petition is hence disposed of by

directing respondents 3 and 4 to ensure that the procession

(Panamkuttichira Angadi Valaghosham) proposed to be 2025:KER:78135 WP(C) NO. 32555 OF 2025

conducted on 23.10.2025 does not lead to any law and order

issues and that the procession does not enter the compound

of the St. Antony's Forane Church, Ollur.

It is made clear that the above direction is issued

only to ensure that this year's procession is conducted

peacefully and does not confer any civil right on the

petitioners.

Sd/-

V.G.ARUN

JUDGE

SPV 2025:KER:78135 WP(C) NO. 32555 OF 2025

APPENDIX OF WP(C) 32555/2025

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 28.07.2025 EXHIBIT P2 A TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 02.09.2025 RESPONDENT EXHIBITS

EXHIBIT R6(A) A COPY OF THE ORDER IN IA NO.2/2023 IN OS NO.1844/2023 ON THE FILES OF PRINCIPAL MUNSIFF COURT THRISSUR DATED 22.10.2024.

EXHIBIT R7(A) A TRUE COPY OF THE LETTER NO.G4(A)/65299/2025/RC DATED 13.10.2025. PETITIONER EXHIBITS

EXHIBIT P3 A TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 13.10.2025

 
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