Kerala High Court
St. George Orthodox Syrian Church vs The District Police Chief on 5 December, 2019
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 05TH DAY OF DECEMBER 2019 / 14TH AGRAHAYANA, 1941
WP(C).No.31677 OF 2019(H)
PETITIONERS :
1 ST. GEORGE ORTHODOX SYRIAN CHURCH,
CHELAKKARA, THRISSUR,- 680 586.
REPRESENTED BY ITS VICAR FR.ISSAC K.P.
2 FR.ISSAC K.P.,
AGED 73 YEARS,
S/O PAULOSE, VICAR,
ST.GEORGE ORTHODOX SYRIAN CHURCH,
CHELAKKARA, THRISSUR - 680 586.
3 K.C.JOY,
AGED 49 YEARS,
S/O CHUMMAR, THE TRUSTEE,
ST.GEORGE ORTHODOX SYRIAN CHURCH, CHELAKKARA,
THRISSUR - 680 586. RESIDING AT KOOTHOOR HOUSE,
VENGANELLOOR PO, CHELAKKARA, THRISSUR ,
PIN- 680 586.
BY ADVS.
SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
SRI.R.GITHESH
SRI.AJAY BEN JOSE
SRI.MANJUNATH MENON
SRI.SACHIN JACOB AMBAT
SHRI.HARIKRISHNAN S.
RESPONDENT/S:
1 THE DISTRICT POLICE CHIEF,
RAMAVARAMAPURAM ROAD, PALLIMOOLA,
MANNUMKAD, RAMAVARMAPURAM,
THRISSUR, KERALA - 680 631.
2 THE INSPECTOR OF POLICE,
PAZHAYANNUR RD, CHELAKKARA, PIN- 680 586.
3 THE REVENUE DIVISIONAL OFFICER,
CIVIL STATION, AYYANTHOLE, THRISSUR - 680 003.
W.P.(C)NOS.31677 & 32545/2019
2
4 REV. FR.THOMAS NEDIYAPALAKKAL,
S/O PAULOSE, VAZHANI P.O.,
THALAPPILLY TALUK, PIN - PIN- 680 589.
5 C.V. KURIAKOSE,
AGED 52 YEARS,
S/O VARU, CHAMANNOOR HOUSE, CHELAKKARA P.O,
THRISSUR, PIN- 680 586.
6 JOHNSON, S/O CHERU,
CHEERAN HOUSE, THONNOOR KARA VILLAGE,
P.O. THONNOORKARA, PIN- 680 610.
7 JOY K.I., S/O ITTOOP, KUNDUKULAM HOUSE,
VENGANELLOOR VILLAGE, VENGALLOOR P.O,
CHELAKKARA, PIN- 685 585.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.12.2019, ALONG WITH WP(C).32545/2019(P), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)NOS.31677 & 32545/2019
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 05TH DAY OF DECEMBER 2019 / 14TH AGRAHAYANA, 1941
WP(C).No.32545 OF 2019(P)
PETITIONER/S:
1 ST. GEORGE JACOBITE SYRIAN NEW CHURCH,
CHELAKKARA, THRISSUR-680586, REPRESENTED BY ITS
TRUSTEE M.K.WILSON, AGED 59 YEARS, S/O.KOCHUNNY,
MEKKATTUKULAM, CHELAKKARA, THRISSUR-680586.
2 ANTHYOKIA VISWASA SAMRAKSHANA SAMITHI,
EREG.NO.512196,
CHELAKKARA, REPRESENTED BY ITS TRUSTEE, M.K.WILSON,
AGED 59 YEARS, S/O.KOCHUNNY, MEKKATTUKULAM,
CHELAKKARA, THRISSUR-680586.
BY ADVS.
SRI.SABU GEORGE
SRI.P.B.SUBRAMANYAN
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DISTRICT POLICE CHIEF,
RAMAVARMAPURAM ROAD, PALLIMOOLA, MANNUMKAD,
RAMAVARMAPURAM, THRISSUR-680631.
3 THE INSPECTOR OF POLICE,
CHELAKKARA POLICE STATION, PAZHAYANNOOR ROAD,
CHELAKKARA-680586.
4 THE REVENUE DIVISIONAL OFFICER,
THRISSUR, CIVIL STATION, AYYANTHOLE,
THRISSUR-680003.
5 ST.GEORGE ORTHODOX SYRIAN CHURCH,
CHELAKKARA, THRISSUR-680586,
REPRESENTED BY ITS VICAR FR.ISSAC.K.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.12.2019, ALONG WITH WP(C).31677/2019(H), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)NOS.31677 & 32545/2019
4
JUDGMENT
[WP(C).31677/2019, WP(C).32545/2019] It is seen that the grievances voiced by the petitioners in the writ petitions have been redressed in terms of the interim order passed by this Court on 2.12.2019. The writ petitions, in the circumstances, are closed, clarifying that the interim order will not preclude the parties from pursuing their rights as regards the procession in connection with the festivals of the Churches in the coming years.
Sd/-
P.B.SURESH KUMAR rkj JUDGE W.P.(C)NOS.31677 & 32545/2019 5 APPENDIX OF WP(C) 31677/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF PLAINT IN O.S NO.29 OF 2017 BEFORE THE 1ST ADDITIONAL DISTRICT COURT, ERNAKULAM.
EXHIBIT P2 TRUE COPY OF ORDER IN I.A NO.5551 OF 2017 IN O.S NO.29 OF 2017 OF THE 1ST ADDITIONAL DISTRICT COURT, ERNAKULAM.
EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 22.10.2019 IN O.S NO.29 OF 2017 OF THE 1ST ADDITIONAL DISTRICT COURT, ERNAKULAM.
EXHIBIT P4 TRUE COPY OF NOTICE PUBLISHED BY THE PETITIONERS REGARDING THE CONDUCT OF ANNUAL PERUNNAL.
EXHIBIT P5 TRUE COPY OF ROUGH SKETCH SHOWING THE CHURCH, PUTHUPALAM AND KIZHAKKETHALAKKAL KURISUPALLI, DESTINATION FOR THE PROCESSION.
EXHIBIT P6 TRUE COPY OF NOTICE DATED 02.10.2019 ISSUED BY THE 2ND RESPONDENT REFUSING PERMISSION FOR CONDUCTING PROCESSION.
EXHIBIT P7 TRUE COPY OF NOTICE DATED NIL ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P8 TRUE COPY OF NOTICE NO.D2-11128/2018 DATED 11.11.2019 ISSUED BY THE 3RD RESPONDENT.
W.P.(C)NOS.31677 & 32545/2019 6 APPENDIX OF WP(C) 32545/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE CONSTITUTION OF PETITIONER NO.2. EXHIBIT P2 TRUE COPY OF THE NOTICE OF THE YEAR 1981. EXHIBIT P3 TRUE COPY OF THE NOTICE OF THE YEAR 2000. EXHIBIT P4 TRUE COPY OF THE NOTICE OF THE YEAR 2003. EXHIBIT P5 TRUE COPY OF THE NOTICE OF THE YEAR 2004. EXHIBIT P6 TRUE COPY OF THE NOTICE OF THE YEAR 2007. EXHIBIT P7 TRUE COPY OF THE NOTICE OF THE YEAR 2013. EXHIBIT P8 TRUE COPY OF THE NOTICE OF THE YEAR 2016. EXHIBIT P9 TRUE COPY OF THE NOTICE OF THE YEAR 2018. EXHIBIT P10 TRUE COPY OF THE NOTICE OF THE YEAR 2019. EXHIBIT P11 TRUE COPY OF THE MINUTES OF THE MEETING DATED 28.11.2018.
EXHIBIT P12 TRUE COPY OF THE MINUTES OF THE MEETING DATED 30.11.2018.
EXHIBIT P13 TRUE COPY OF THE DECISION DATED 30.11.2018 TAKEN BY THE RDO.
EXHIBIT P14 TRUE COPY OF THE APPLICATION DATED 23.8.2019.
EXHIBIT P15 TRUE COPY OF THE NOTICE GIVEN BY THE INSPECTOR OF POLICE, CHELAKKARA DATED NIL. EXHIBIT P16 TRUE COPY OF THE NOTICE NO.D2-11128/2018 DATED 11.11.2019 ISSUED BY RESPONDENT NO.4.