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[Cites 1, Cited by 2]

Supreme Court - Daily Orders

St. Marys Orthodox Church vs The State Police Chief on 2 July, 2019

Bench: Arun Mishra, M.R. Shah

                                                  1

     ITEM NO.22 + 58                        COURT NO.4                   SECTION XI-A

                              S U P R E M E C O U R T O F        I N D I A
                                      RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                No(s).   12461/2019

     (Arising out of impugned final judgment and order dated 13-03-2019
     in WP(C) No. 16248/2018 passed by the High Court Of Kerala At
     Ernakulam)

     ST. MARYS ORTHODOX CHURCH & ORS.                                 Petitioner(s)

                                                 VERSUS

     THE STATE POLICE CHIEF & ORS.                                    Respondent(s)

     (FOR ADMISSION and I.R.)

     with

     SLP (C) No. 13424 of 2019
     (for admission and IR)

     Date : 02-07-2019 These petitions were called on for hearing today.

     CORAM :             HON'BLE MR. JUSTICE ARUN MISHRA
                         HON'BLE MR. JUSTICE M.R. SHAH

     Counsel for the
     parties                       Mr.   Rakesh Dwivedi, Sr. Adv.
                                   Mr.   Krishnan Venugopal, Sr. Adv.
                                   Mr.   S. Sreekumar, Sr. Adv.
                                   Mr.   E.M.S. Anam, Adv.
                                   Mr.   Kuriakose Varghese, Adv.

                                   Mr.   Mukul Rohatgi, Sr. Adv.
                                   Mr.   Adolf Mathew, Adv.
                                   Mr.   Sanjay Jain, Adv.
                                   Mr.   Peter K. Alias, Adv.
                                   Mr.   Roy Isaac, Adv.

                                   Mr. Jaideep Gupta, Sr. Adv.
                                   Mr. G. Prakash, Adv.
                                   Mr. Jishnu M. L., Adv.
                                   Mrs. Priyanka Prakash, Adv.
Signature Not Verified
                                   Mrs. Beena Prakash, Adv.
Digitally signed by
JAYANT KUMAR ARORA
Date: 2019.07.04
14:32:50 IST
Reason:
                                   Mr.   P. J. Philip, Adv.
                                   Mr.   Vishnu Sharma, Adv.
                                   Mr.   P. K. Manohar, Adv.
                                   Ms.   Anupama Sharma, Adv.
                                         2


              UPON hearing the counsel the Court made the following
                                 O R D E R

In view of the Judgment passed by this Court in K.S. Varghese & Ors. Vs. St. Peter’s & Paul’s Syrian Orth. & Ors., reported in (2017) 15 SCC 333, there is absolutely no scope to construe the order passed by the High Court in a different manner than the order passed by this Court on 03.07.2017.

There cannot be any violation of the order by any one concerned. Even the State Government cannot act contrary to the Judgment and the observations made by this Court and has the duty to ensure that the Judgment of this Court is implemented forthwith.

Any observation made by the High Court contrary to the Judgment passed by this Court stands diluted.

The State and all parties shall abide by the Judgment passed by this Court in totality and cannot solve the matter in any manner different than the Judgment passed by this Court. No parallel system can be created.

In view of the above, the Special Leave Petitions are disposed of.

Pending interlocutory application(s), if any, is/are disposed of.



(JAYANT KUMAR ARORA)                                        (JAGDISH CHANDER)
  COURT MASTER                                                BRANCH OFFICER