Kerala High Court
Unknown vs Present on 6 April, 2016
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
MONDAY, THE 26TH DAY OF MARCH 2018 / 5TH CHAITHRA, 1940
WP(C).No. 12680 of 2016
PETITIONER(S)
1 INDIA EVANGELICAL LUTHERAN CHURCH (IELC),
KERALA SYNOD, ARCH BISHOP PALACE,
CONCORDIA LUTHERAN MISSION COMPOUND,
MANNAMOOLA, PEROORKADA,THIRUVANANTHAURAM,
REPRESENTED BY ITS SECRETARY (ADMINISTRATION),
RT.REV.DR.HELEN ALICE BRAUER, BISHOP.
2 CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS,
IELC KERALA SYNOD, ARCH BISHOP PALACE,
CONCORDIA LUTHERAN MISSION COMPOUND,
MANNAMOOLA, PEROORKADA, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY-CONVENER,
RT.REV.DR.BERTHALOMOUS S.L.ZEIGEN BALG,BISHOP.
3 ANTHIYOOR IMMANUEL LUTHERAN CHURCH,
BALARAMAPURAM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY M.MADHUKUMAR.
BY ADV.SRI.D.ROBINSON
RESPONDENT(S):
1. KERALA STATE POLICE CHIEF,
POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM.
2. INSPECTOR GENERAL OF POLICE,
SOUTH ZONE, NANDAVANAM,
THIRUVANANTHAPURAM.
3. CITY POLICE COMMISSIONER,
THIRUVANANTHAPURAM CITY,
THIRUVANANTHAPURAM.
4. THE SUPERINTENDENT OF POLICE,
THIRUVANANTHAPURAM RURAL,
PMG JUNCTION, THIRUVANANTHAPURAM.
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WP(C).No. 12680 of 2016
5. THE DEPUTY SUPERINTENDENT OF POLICE,
NEYYATTINKARA P.O., THIRUVANANTHAPURAM.
6. THE SUB INSPECTOR OF POLICE,
BALARAMAPURAM POLICE STATION,
THIRUVANANTHAPURAM.
7. THE SUB INSPECTOR OF POLICE,
PEROORKADA POLICE STATION,
THIRUVANANTHAPURAM.
8. THE SUB INSPECTOR OF POLICE,
CHADAYAMANGALAM POLICE STATION,
KOLLAM DISTRICT.
9. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
DPI JUNCTION, JAGATHY,
THIRUVANANTHAPURAM.
*ADDL.R10 TO R14 ARE IMPLEADED
*Addl.R10. THE DIRECTOR OF HIGHER SECONDARY EDUCATION,
THIRUVANANTHAPURAM - 695 001.
*Addl.R11. STATE OF KERALA,
REPRESENTED BY SECRETARY,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
*Addl.R12. THE CIRCLE INSPECTOR OF POLICE,
NEYYATTINKARA POLICE STATION,
THIRUVANANTHAPURAM DISTRICT - 695 001.
*Addl.R13. REV.M.MOHANAN, S/O.MANUEL,
BATHEL LUTHERAN CHURCH, CHENGALIVA,
THIRUVANANTHAPURAM SYNOD,
LUTHERAN MISSION HIGH SCHOOL COMPOUND,
PEROORKADA,THIRUVANANTHAPURAM -694 650.
(CLAIMING AS MANAGER)
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WP(C).No. 12680 of 2016
*Addl.R14. REV.Y.K.MOHANDAS, S/O.YESUDAS,
RESIDING NEAR LUTHERAN CHURCH, VENPAKAL,
THANNIMMOODU, VIA NEYYATTINKARA,
THIRUVANANTHAPURAM DISTRICT - 694 650.
*ADDL.R10 TO R14 ARE IMPLEADED AS PER ORDER DATED 6/4/2016
IN IA.NO.4975/2016.
R1 TO ADDL.R12 BY SR GOVERNMENT PLEADER SRI.P.P.THAJUDHEEN
ADDL.R13 BY ADV. SRI.D.KISHORE
ADDL.R14 BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA
SRI.P.T.ABHILASH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 26-03-2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No. 12680 of 2016 (H)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1 TRUE COPY OF THE JUDGMENT DATED 19.3.2012 IN
WPC NO.3786/2009 OF THIS HON'BLE COURT.
EXT.P2 TRUE COPY OF THE JUDGMENT DATED 16.11.2012 IN WPC NO.
26647/2012 OF THE DIVISION BENCH OF THIS HON'BLE
COURT.
EXT.P3 TRUE COPY OF THE APPROVAL ORDER DATED 02.3.2012 OF
THE CORPORATE SCHOOL MANAGER OF IELC KERALA
SYNOD ISSUED BY THE 9TH RESPONDENT.
EXT.P4 TRUE COPY OF THE LIST OF SCHOOLS OF CORPORATE
MANAGEMENT OF IELC KERALA SYNOD.
EXT.P5 TRUE COPY OF THE JUDGMENT DATED 03.7.2012 IN
OS NO.534/2012 OF ADDL. MUNSIFF COURT II,
NEYYATTINKAKRA.
EXT.P6 TRUE COPY OF THE ORDER DATED 08.9.2014 ISSUED BY THE
NATIONAL GENERAL SECRETARY IELC.
EXT.P7 TRUE COPY OF THE RESOLUTION DATED 09.8.2015 ISSUED
BY THE NATIONAL GENERAL SECRETARY IELC.
EXT.P8 TRUE COPY OF THE APPOINTMENT ORDER OF BISHOP
DATED 05.7.2015 ISSUED BY THE ARCH BISHOP (SYNOD
PRESIDENT) OF IELC KERALA SYNOD.
EXT.P9 TRUE COPY OF THE APPOINTMENT ORDER OF VICE
CHANCELLOR OF THE THEOLOGICAL OPEN UNIVERSITY
DATED 02.9.2015 ISSUED BY THE ARCH BISHOP OF IELC
KERALA SYNOD.
EXT.P10 TRUE COPY OF THE COMPLAINT DATED 22.1.2016 FILED BY
THE 1ST PETITIONER'S ARCH BISHOP BEFORE THE 1ST
RESPONDENT.
EXT.P11 TRUE COPY OF THE COMPLAINT DATED 27/12/2017 SUBMITTED BY
THE 1ST PETITIONER BEFORE THE INSPECTOR GENERAL OF
POLICE ALONG WITH A FORWARDING LETTER TO THE HON'BLE
MEMBER OF PARLIMENT.
EXT.P12 TRUE COPY OF THE RECEIPT DATED 29/12/2017 ISSUED FROM
THE OFFICE OF THE INSPECTOR GENERAL OF POLICE,
THIRUVANANTHAPURAM
EXT.P13 TRUE COPY OF THE CIRCULAR PUBLISHED BY THE 1ST
PETITIONER.
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WP(C).No. 12680 of 2016 (H)
EXT.P14 TRUE COPY OF THE NEWS ITEM PUBLISHED IN MATHRUBOOMI
MALAYALAM DAILY DATED 4/1/2018
EXT.P15 TRUE COPY OF THE NEWS ITEM PUBLISHED IN VEEKSHANAM
MALAYALAM DAILY DATED 4/1/2018
EXT.P16 TRUE COPY OF THE NEWS ITEM PUBLISHED IN MADHYAMAM
MALAYALAM DAILY DATED 4/1/2018.
EXT.P17 TRUE COPY OF THE NEWS ITEM PUBLISHED IN KERALA KOUMUDI
MALAYALAM DAILY DATED 4/1/2018.
EXT.P18 TRUE COPY OF THE DECREE DATED 3/7/2012 IN OS.NO.534/2012
OF ADDITIONAL MUNSIFF COURT-II, NEYYATTINKARA.
EXT.P19 TRUE COPY OF THE JUDGMENT DATED 31/3/2005 IN
OS.NO.656/2002 OF ADDITIONAL MUNSIFF COURT-I,
NEYYATTINKARA
EXT.P20 TRUE COPY OF THE JUDGMENT DATED 5/1/2004 IN
C.M.A.NO.2/2003 OF SUB COURT, NEYYATTINKARA
EXT.P21 TRUE COPY OF THE JUDGMENT DATED 16/12/2016 IN WP(C)
NO.25098/2016 OF THIS HON'BLE COURT.
EXT.P22 TRUE COPY OF THE ORDER NO.1202776/N2/2017/G.EDN DATED
4/3/2017 OF GOVERNMENT OF KERALA
EXT.P23 TRUE COPY OF THE PROCEEDINGS DATED 4/3/2017 OF THE
CORPORATE MANAGER OF SCHOOLS OF IELC KERALA ARCH DIOCESE
(KERALA SYNOD)
EXT.P24 TRUE COPY OF THE CIRCULAR ISSUED BY THE 1ST PETITIONER.
EXT.P25 TRUE COPY OF THE JUDGMENT DATED 17/8/2015 IN OP(C)
NO.1999/2015 OF THIS HON'BLE COURT
EXT.P26 TRUE COPY OF THE ORDER DATED 16/12/2015 IN
I.A.NO.1868/2014 IN OS.NO.2299/2014 OF PRINCIPAL MUNSIFF
COURT, THIRUVANANTHAPURAM
EXT.P27 TRUE COPY OF THE JUDGMENT DATED 12/12/2014 IN OP(C)
NO.2969/2014 OF THIS HON'BLE COURT
EXT.P28 TRUE COPY OF THE ORDER DATED 20/12/2014 IN
IA.NO.7980/2014 IN OS.NO.1856/2014 OF ADDL.MUNSIFF
COURT-II, THIRUVANANTHAPURAM.
EXT.P29 TRUE COPY OF THE JUDGMENT DATED 30/7/2016 IN
C.M.A.NO.7/2015 OF ADDITIONAL DISTRICT COURT-II,
THIRUVANANTHAPURAM
EXT.P30 TRUE COPY OF THE CIRCULAR DATED 31/5/2016 ISSUED BY THE
1ST PETITIONER.
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WP(C).No. 12680 of 2016
EXT.P31 TRUE COPY OF THE ORDER DATED 19/10/2013 IN
IA.NO.4128/2013 IN OS.NO.683/2013 OF PRINCIPAL MUNSIFF
COURT, THIRUVANANTHAPURAM.
EXT.P32 TRUE COPY OF THE ORDER G.O(RT) NO.3638/2017/GEDN DATED
10/10/2017 OF GOVERNMENT OF KERALA.
RESPONDENT'S EXHIBITS AND ANNEXURES:
EXT.R13(a) TRUE COPY OF THE ORDER NO.ET(4)/67319/2013/DPI/K.DIS
DATED 3/6/2014 OF THE 9TH RESPONDENT
EXT.R13(b) TRUE COPY OF THE JUDGMENT DATED 15/7/2014 IN WP(C)
14908/2014 OF THIS HONOURABLE COURT
EXT.R13(c) TRUE COPY OF THE RELEVANT EXTRACT OF THE REPORT DATED
4/8/2014 SUBMITTED BY THE ADVOCATE COMMISSIONER IN
WP(C) 14908/2014
EXT.R13(d) TRUE COPY OF THE ORDER NO.ET(4)/40606/14/K.DIS DATED
29/8/2014 OF THE 9TH RESPONDENT
EXT.R13(e) TRUE COPY OF THE PROCEEDINGS NO.1/2014 DATED 1/9/2014 OF
THIS RESPONDENT
EXT.R13(f) TRUE COPY OF THE CONSTITUTION OF LUTHERAN SCHOOLS
CORPORATE MANAGEMENT APPROVED BY THE 9TH RESPONDENT
EXT.R13(g) TRUE COPY OF THE MINUTES OF THE EXECUTIVE COMMITTEE OF
THE TRIVANDRUM SYNOD DATED 7/3/2015
EXT.R13(h) TRUE COPY OF THE REQUEST DATED 4/5/2015 SUBMITTED BY THE
SECRETARY, IELC BEFORE THE SECRETARY, GENERAL EDUCATION
DEPARTMENT
EXT.R13(i) TRUE COPY OF THE COMMUNICATION DATED 28/5/2014 ISSUED BY
THE CHIEF ELECTION COMMISSIONER
EXT.R13(j) TRUE COPY OF THE ORDER DATED 24/6/2015 IN IA.7226/2015
IN OS.2784/2015 OF THE CITY CIVIL COURT AT CHENNAI
EXT.R13(k) TRUE COPY OF THE COMMUNICATION DATED 6/5/2015 ISSUED BY
THE CHIEF ELECTION COMMISSIONER
EXT.R13(l) TRUE COPY OF THE APPOINTMENT ORDER DATED 2/12/2013
ISSUED BY THE MANAGER LUTHERAN SCHOOLS.
EXT.R13(m) TRUE COPY OF THE ORDER NO.ET(4)/57979/2016/DPI/K.DIS
DATED 17/12/2016 OF THE ADDITIONAL DIRECTOR OF PUBLIC
INSTRUCTIONS
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WP(C).No. 12680 of 2016
EXT.R14(a) TRUE COPY OF G.O(RT) NO.871/2005/G.EDN DATED 28/2/2005
ISSUED BY THE GOVERNMENT
EXT.R14(b) TRUE COPY OF THE JUDGMENT DATED 5/7/2006 IN
WP(C)NO.23685/2005 OF THIS HON'BLE COURT
EXT.R14(c) TRUE COPY OF THE CONSTITUTION AND BYELAWS OF IELC
COMPRISING OF AMBUR SYNOD, NAGERCOIL SYNOD AND
TRIVANDRUM SYNOD
EXT.R14(d) TRUE COPY OF THE NOTICE SUBMITTED TO THE REGISTRAR OF
SOCIETIES, CONTAINING THE NAMES AND POSITIONS OF THE NEW
OFFICE BEARERS OF IELC ELECTED ON 28/6/2014 BEARING THE
SEAL OF THE REGISTRAR OF SOCIETIES DATED 4/4/2016.
EXT.R14(e) TRUE COPY OF THE ORDER NO.ET4/46795/10/DPI/D.DIS DATED
1/12/2010 ISSUED BY THE 9TH RESPONDENT
EXT.R14(f) TRUE COPY OF THE ORDER NO.ET4/20546/12/DPI/K.DIS DATED
3/8/2012 ISSUED BY THE 9TH RESPONDENT.
EXT.R14(g) TRUE COPY OF COUNTER AFFIDAVIT DATED 17/03/2018 FILED BY
THE 2ND DEFENDANT IN EXT.P18 DECREE BEFORE THE HON'BLE
ADDL.MUNSIFF'S COURT-II, NEYYATTINKARA.
/TRUE COPY/
P.S.TO JUDGE
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K.VINOD CHANDRAN & ASHOK MENON, JJ.
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WP(C) No.12680 of 2016
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Dated this the 26th day of March, 2018
J U D G M E N T
Ashok Menon, J.
First petitioner is the Indian Evangelical Lutheran Church (IELC), Kerala Synod, having its administrative office at Mannamoola, Peroorkada, Thiruvananthapuram. It is stated that the Church is registered as a Charitable and Religious Society under the Societies Act XXI of 1860. The activities of the IELC is spread over the States of Kerala, Karnataka, Tamilnadu and Maharashtra and for the purpose of administration, the Synods are divided into four namely; Ambur Synod, Nagarcoil Synod, Thiruvananthapuram Synod and Kerala Synod. Admittedly, there are some disputes between the Thiruvananthapuram Synod and the Kerala Synod and those disputes were pending before the Munsiffs' Courts, Neyyattinkara and Aattingal. Appeals filed by the Thiruvananthapuram Synod against the judgments of those Munsiffs' Courts were dismissed by the Sub Courts, Neyyattinkara and Aattingal. Thereafter, a Writ Petition was filed by WPC 12680/16 -2- the Thiruvananthapuram Synod to get those judgments set aside. But that too was dismissed as per Ext.P1 judgment. The allegation is that the members of the Thiruvananthapuram Synod and its Corporate School Manager had made attempts to trespass into the School and the local Churches of the Kerala Synod during the last few years. Warnings given by the Police authorities directing them to comply with the prohibitory injunction orders of the Civil Court fell on deaf ears. Another Writ Petition filed by the Manager of Thiruvananthapuram Synod was also dismissed by this Court as per Ext.P2 judgment.
2. The second petitioner herein is the Corporate Management of Lutheran Schools, represented by its Convener; and the third petitioner is Anthiyoor Immanuel Lutheran Church, represented by its Secretary. There are several Institutions, including an Open University, functioning under the Kerala Synod. Respondents 13 and 14 are persons claiming to be the member and Manager of the Thiruvananthapuram Synod and they are attempting to encroach into the properties belonging to the petitioners. Complaints were filed WPC 12680/16 -3- before the Police authorities. No action has been taken so far. Hence, the petitioners seek protection by way of a writ of mandamus directing respondents 1 to 8 to provide adequate police protection to the petitioners in their official duties and activities related to worship at the Headquarters of the IELC Kerala Synod and its Corporate School Management at Arch Bishop Palace Lutheran Mission Compound, Mannamoola, Thiruvananthapuram and also at Nilamel Lutheran Mission Compound as well as to let the the Bishops and Arch Bishop at the third petitioner's Church at Anthiyoor, Balaramapuram to perform their religious activities. They also seek that directions may be issued to respondents 1 to 8 to restrain the trespassers from entering into the properties of the petitioners and a direction to the ninth respondent, the Director of Public Instructions, to allow the second petitioner Corporate School Manager to function without any obstruction.
3. Additional respondents 10 to 14 were subsequently impleaded. Respondent No.14 has filed a counter affidavit denying the contentions of the WPC 12680/16 -4- petitioners and even challenging the very existence of the Synod in the name and style b