Kerala High Court
India Evangelical Lutheran Church vs State Of Kerala on 10 July, 2025
2025:KER:51014
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 10TH DAY OF JULY 2025 / 19TH ASHADHA, 1947
WP(C) NO. 14908 OF 2014
PETITIONER/S:
1 INDIA EVANGELICAL LUTHERAN CHURCH
TRIVANDRUM SYNOD,
REPRESENTED BY ITS PRESIDENT,
REV. M.ROBINSON, C.L.H.S.S. COMPOUND, PEROORKADA,
THIRUVANANTHAPURAM-695005.
2 REV. C.H.ALFRED
MANAGER, CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS,
CLHSS COMPOUND, PEROORKADA, THIRUVANANTHAPURAM-695005.
BY ADV SRI.S.SREEKUMAR (SR.)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2 DIRECTOR OF PUBLIC INSTRUCTION
THIRUVANANTHAPURAM, PIN-695001.
3 DISTRICT EDUCATIONAL OFFICER
THIRUVANANTHAPURAM, PIN-695001.
4 REV. M.MOHANAN
PASTOR, BETHEL LUTHERAN CHURCH, CHENGAVILA,
AYIRA P.O., THIRUVANANTHAPURAM-695502.
5 L.SOBHANAVALLY
THUMERICHAL, MALAYINKEEZHU P.O.,
THIRUVANANTHAPURAM, PIN-695571.
6 SHERLY
VADAKKEVILA VEEDU KURUNGALLOOR, VELIYANNOOR P.O.,
WP(C) NO. 14908 OF 2014
2025:KER:51014
2
VELLANADU, THIRUVANANTHAPURAM, PIN-695543.
7 P.AMOSKUTTY
AROMAL BHAVAN, KUTTICHAL P.O.,
THIRUVANANTHAPURAM, PIN 695574.
8 MARTIN PRASAD
PULLUVILAKATTUVEEDU, MANGOTTUKONAM,
KATTAKKADA P.O., THIRUVANANTHAPURAM, PIN-695572.
BY ADVS.
SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL
SHRI.N.AJITH
SRI.K.JAYAKUMAR (SR.)
SRI.D.KISHORE
SHRI.P.B.KRISHNAN (SR.)
SRI.P.M.NEELAKANDAN
SRI.P.B.SUBRAMANYAN
OTHER PRESENT:
ADV TONY AUGUSTINE, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 14908 OF 2014
2025:KER:51014
3
JUDGMENT
This writ petition was listed for directions as there was no appearance for the petitioners. It was noted that, the Counsel who had filed Vakalath for the petitioners got elevated and thereafter no fresh Vakalath was filed. Hence, the Registry was directed to issue notice to the petitioners. Notice was issued, however, with respect to both petitioners the notice returned with endorsements; "addressee left without instructions" in the case of the 1st petitioner and "addressee left" in the case of the 2nd petitioner. This writ petition has been pending since 2014, and even after long time passed since the Counsel got elevated, no steps were taken by the petitioners to prosecute the writ petition.
Under the above circumstances, I am of the view that, this writ petition need not be retained any more and it is accordingly closed. However, it will be open to the petitioners to revive the writ petition in case they have any surviving grievances by filing an appropriate application.
Sd/-
S.MANU JUDGE ANK WP(C) NO. 14908 OF 2014 2025:KER:51014 4 APPENDIX OF WP(C) 14908/2014 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF ORDER DT. 16-5-75 WITH BYELAWS.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE CONSTITUTION OF IELC.
EXHIBIT P3 TRUE COPY OF RELEVANT PAGES OF MINUTES BOOK.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WA 2686/07. EXHIBIT P5 TRUE COPY OF ORDER NO.
ET4/46795/10/DPI/D.DIS DATED 1-12-2010. EXHIBIT P6 TRUE COPY OF THE ORDER GO(RT)NO.
2523/11/G.EDN DATED 4-7-2011. EXHIBIT P7 TRUE COPY OF THE MINUTES OF THE MEETING OF THE EXECUTIVE COMMITTEE, DATED 31-8- 2013.
EXHIBIT P8 TRUE COPY OF ORDER APPOINTING REV.
C.H.ALFRED AS MANAGER.
EXHIBIT P9 TRUE COPY OF LETTER DATED 3-9-2013 SENT BY THE PETITIONER TO THE 2ND RESPONDENT SEEKING APPROVAL.
EXHIBIT P10 TRUE COPY OF RELEVANT PAGES OF KERALA GAZETTE DATED 18-3-1980.
EXHIBIT P11 TRUE COPY OF NOTICE DT. 9-4-2014. EXHIBIT P12 TRUE COPY OF ORDER DT. 19-4-2014 ISSUED BY DPI.
EXHIBIT P13 TRUE COPY OF APPEAL FILED BY PETITIONER. EXHIBIT P14 TRUE COPY OF LETTER DT. 2-5-14 FROM PETITIONER TO DPI.
EXHIBIT P15 TRUE COPY OF LETTER DT. 2-5-14 FROM PETITIONER TO DEO.
EXHIBIT P16 TRUE COPY OF NOTICE DATED 7-5-2014. EXHIBIT P17 TRUE COPY OF ORDER DT. 3-6-2014 ISSUED BY DPI.
EXHIBIT P18 TRUE COPY OF LETTER DATED 19.05.1983. EXHIBIT P19 TRUE COPY OF DOCUMENTS BEARING THE SIGNATURE OF REV.M.S.POOMANI RAJ. EXHIBIT P20 TRUE COPY OF THE RELEVANT PAGES OF APPROVED CONSTITUTION AND BYELAWS AS PER WP(C) NO. 14908 OF 2014 2025:KER:51014 5 PROCEEDINGS DATED 01.07.1963.
RESPONDENT'S EXHIBITS
EXHIBIT R4(a) TRUE COPY OF THE NOTICE DATED 24.08.2013
ISSUED BY THE SECRETARY OF
THIRUVANANTHAPURAM SYNOD.
EXHIBIT R4(b) TRUE COPY OF THE REPRESENTATION DATED
02.09.2013 SUBMITTED BY RESPONDENTS 5 TO 8 BEFORE THE 2ND RESPONDENT EXHIBIT R4(c) TRUE COPY OF THE HEARING NOTICE DATED 10.01.2014 ISSUED BY THE 2ND RESPONDENT. EXHIBIT R4(d) TRUE COPY OF THE HEARING NOTICE DATED 28.03.2014 ISSUED BY THE 2ND RESPONDENT. EXHIBIT R4(e) TRUE COPY OF THE PROCEEDINGS NO.29773/F3/2013/G.EDN. DATED 26.10.2013 OF THE 1ST RESPONDENT.
EXHIBIT R4(f) TRUE COPY OF THE CERTIFICATE OF BAPTISM DATED 24.12.1981.
EXHIBIT R4(g) TRUE COPY OF THE CERTIFICATE OF CONFIRMATION DATED 01.01.1982. EXHIBIT R4(h) TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 24.01.1984.
EXHIBIT R4(i) TRUE COPY OF THE CERTIFICATE DATED 04.11.2013 ISSUED BY THE TAHSILDAR, NEYYATTINKARA.
EXHIBIT R4(j) TRUE COPY OF THE CERTIFICATE DATED 22.05.2012 ISSUED BY THE VILLAGE OFFICER, KULATHIMMAL.
EXHIBIT R4(k) TRUE COY OF THE CERTIFICATE DATED 02.08.2012 ISSUED BY THE ELECTION COMMISSIONER IELC.
EXHIBIT R4(l) TRUE COPY OF THE ELECTION COMMISSIONER REPORT SUBMITTED IN THE CHURCH COUNCIL OF IELC ON 17.08.2012.
EXHIBIT R4(m) TRUE COPY OF THE REPLY DATED 15.04.2014 SUBMITTED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT R4(n) TRUE COPY OF THE SUBMISSION DATED 08.05.2014 ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT R4(o) TRUE COPY OF THE COMMUNICATION DATED 17.04.2014 ISSUED BY THE ACTING PRESIDENT OF IELC TO THE 1ST PETITIONER.
WP(C) NO. 14908 OF 2014 2025:KER:51014 6 EXHIBIT R4(p) TRUE COPY OF THE CONSTITUTION OF LUTHERAL SCHOOLS CORPORATE MANAGEMENT EXHIBIT R4(q) TRUE COPY OF THE MEETING HELD ON 26.09.2012 PRODUCED AS EXHIBIT P3 IN THE WRIT PETITION.
EXHIBIT R4(r) TRUE COPY OF THE REPORT OF THE MEETING DATED 22.01.1992 OF THE EXECUTIVE COMMITTEE OF TRIVANDRUM SYNOD. EXHIBIT R4(s) TRUE COPY OF THE REPORT OF THE MEETING DATED 07.09.1998 OF THE EXECUTIVE COMMITTEE OF TRIVANDRUM SYNOD. EXHIBIT R4(t) TRUE COPY OF THE REPORT OF THE MEETING DATED 30.05.2002 OF THE EXECUTIVE COMMITTEE OF TRIVANDRUM SYNOD. EXHIBIT R4(u) TRUE COPY OF THE REPORT OF THE MEETING DATED 11.05.2004 OF THE EXECUTIVE COMMITTEE OF TRIVANDRUM SYNOD. EXHIBIT R4(v) TRUE COPY OF THE REPORT OF THE MEETING DATED 02.07.2007 OF THE EXECUTIVE COMMITTEE OF TRIVANDRUM SYNOD. EXHIBIT R4(w) TRUE COPY OF THE REPORT OF THE MEETING DATED 03.09.2010 OF THE EXECUTIVE COMMITTEE OF TRIVANDRUM SYNOD.