Kerala High Court
Fr. Eldhose Molekudiyil vs Rev.Fr.Tijo Kuriakose on 26 June, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
WA NO. 552 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 26TH DAY OF JUNE 2024 / 5TH ASHADHA, 1946
WA NO. 552 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.27081 OF 2019 OF HIGH
COURT OF KERALA
APPELLANT/S:
1 FR. ELDHOSE MOLEKUDIYIL
AGED 54 YEARS
MOLEKUDIYIL HOUSE, MANARI P. O., PIN - 686673
2 FR. JAISAL KAUMA
AGED 30 YEARS
(WRONGLY TYPEWRITTEN AS FR. JAISON KAVUMA), PUTHUSSERY
HOUSE, VENGOOR P.O., PIN - 683546
BY ADVS.
S.VINOD BHAT
ANAGHA LAKSHMY RAMAN
GREESHMA CHANDRIKA.R
V.NAMITHA
JAIBY PAUL
RESPONDENT/S:
1 REV.FR.TIJO KURIAKOSE
AGED 37 YEARS
S/O. P. K. SCARIAH, VICAR, ST. THOMAS ORTHODOX SYRIAN
CHURCH, MAZHUVANNOOR . PERMANENTLY RESIDING AT MANALEL
PUTHIYAPARAMBIL HOUSE, AMAYANNOOR P. O., KOTTAYAM
DISTRICT - 686019., PIN - 686019
WA NO. 552 OF 2024
2
2 M. J. THOMAS THARAKAN
AGED 69 YEARS
S/O. M. M. JOSEPH THARAKAN, RESIDING AT MADAPARAMBIL
HOUSE, SOUTH MAZHUVANNOOR P. O., ERNAKULAM DIST.,
KERALA,, PIN - 686669
3 GEORGE KURUVILLA
AGED 70 YEARS
S/O. KURUVILLA, RESIDING AT KULANGATTIL HOUSE,
KADAKKANADU P. O., KOLENCHERY, ERNAKULAM DIST.,
KERALA,, PIN - 682311
4 ELDOW K. JOSEPH
AGED 54 YEARS
S/O. JOSEPH, RESIDING AT KALARIKKATHADATHIL HOUSE,
KADAKKANADU P. O., KOLENCHERY, ERNAKULAM DIST.,
KERALA,, PIN - 682311
5 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY TO THE STATE, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, KERALA,, PIN - 695001
6 STATE POLICE CHIEF
POLICE HEADQUARTERS, THIRUVANANTHAPURAM, KERALA, PIN -
695001
7 DISTREICT COLLECTOR
COLLECTORATE, KAKKANAD, ERNAKULAM DIST., KERALA,, PIN -
682030
8 DISTRICT POLCIE CHIEF
ERNAKULAM RURAL, OFFICE OF DISTRICT POLICE CHIEF,
ALUVA, ERNAKULAM DIST., KERALA,, PIN - 683101
9 REVENUE DIVISIONAL OFFICER
MUVATTUPUZHA, ERNAKULAM DIST., KERALA, PIN - 686673
10 DEPUTY SUPERINTENDENT OF POLICE
PERUMBAVOOR, ERNAKULAM DIST., KERALA, PIN - 683542
11 INSPECTOR OF POLICE STATION AND STATION HOUSE OFFICER
KUNNATHUNAD POLICE STATION, PATTIMATTOM, ERNAKULAM
WA NO. 552 OF 2024
3
DIST., KERALA, PIN - 683562
12 FR. ELDHOSE V. K.
AGED 35 YEARS
VELLARINGAL HOUSE, PONJASSERY P. O., PERUMBAVOOR, PIN -
683547
13 FR. ELDHOSE NEDUNGOTTIL
AGED 50 YEARS
NEDUNGOTTIL HOUSE, THURUTHIPLY, VALAYANCHIRANGARA P.
O., PIN - 683556
14 FR. JOHN JOSEPH
AGED 55 YEARS
S/O. FR. JOSEPH, PATHICKAL HOUSE, PERUMBAVOOR, PIN -
683542
15 V. P. MARKOSE
AGED 67 YEARS
S/O. PATHROSE, VAZHAKKUZHITHADATHIL, KADAKKANADU P. O.,
KOLENCHERY, PIN - 682311
16 ABRAHAM THOMAS
AGED 64 YEARS
S/O. THOMAS, THOTTAMATTATHIL HOUSE, NORTH MAZHUVANNOOR
P. O., VALAMBOOR -, PIN - 686669
17 THAMBI ABRAHAM
AGED 59 YEARS
S/O. ABRAHAM, IRATTEL HOUSE, EZHIPPRAM, KADAYIRUPPU P.
O., PIN - 682311
18 MATHEW N. ABRAHAM
AGED 71 YEARS
S/O. ABRAHAM, NEDUMPURATHU HOUSE, SOUTH MAZHUVANNOOR P.
O., ERNAKULAM, PIN - 686669
19 ST.GEORGE CHAPEL (EAE),
NORTH MAZHUVANNUR REPRESENTED BY ITS SECRETARY-M.M.JOSE
I S IMPLEADED AS ADDL.R17 AS PER ORDER DATED 04-02-20
IN IA 1/20., PIN - 686669
WA NO. 552 OF 2024
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BY ADVS.
TINA ALEX THOMAS
SRI.P.V.ELIAS
SRI.P.THOMAS GEEVERGHESE
SRI.P.VISWANATHAN (SR.)
S.K.PREMRAJ
SRI.GEORGE THOMAS (MEVADA)(SR.)
AMAL GEORGE
N.RAYNOLD FERNANDEZ(K/211/2000)
ROSHEN D. ALEXANDER
HARIMOHAN(K/000327/2018)
KOCHURANI JAMES(K/003502/2022)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26.06.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 552 OF 2024
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JUDGMENT
Dated this the 26th day of June 2024 A.Muhamed Mustaque, J.
This appeal came before us along with another writ appeal No.945/2023. However, the learned Counsel for the appellant in writ appeal No.945/2023 sought an adjournment. In fact, the case was initially posted on 22.07.2024, but it was advanced today to take up with W.A.No.552/2024. Any way since the learned Counsel appearing in writ appeal No.945/2023 sought an adjournment, we adjourn it to 22.07.2024.
2. Therefore, we have taken up W.A.No.552/2024 for hearing and disposal. The matter being related to police protection, we find no difficulty in having a separate hearing for both these cases.
3. The Respondents 1 to 5 approached the writ court seeking police protection to administer the WA NO. 552 OF 2024 6 St.Thomas Orthodox Syrian Church, Mazhuvannoor, Ernakulam District and also seeking direction to stop the parallel administration and service in the above church by respondents 8 to 15 or any one acting under them. This appeal was preferred by respondents 8 and 9 in W.P. (C)27081/2019. The respondents 1 to 5 in this appeal are the petitioners in the aforementioned writ petition. The parties in this appeal are herein refererred based on the status in the writ petition.
4. Writ Court in the light of relief granted by the Apex Court in K.S.Varghese v. St.Peter's & Paul's Syrian Orthodox Church and Others [(2017) 15 SCC 333] granted Police protection.
5. The respondents 8 and 9 would contend that the appointment of the 1st petitioner as a Vicar by the metropolitan is questionable and there exists a dispute regarding authority of the first petitioner as a Vicar and therefore, without resorting to civil remedy, petitioners WA NO. 552 OF 2024 7 could not have approached this court for police protection. The learned Counsel for the appellant, who were respondents 8 and 9 in the writ petition submits that there are instances where the civil court impeaches Vicars, who are appointed by Metropolitan. Therefore, it is submitted that when there is a subsisting question regarding authority of a Vicar, writ court cannot decide such question without allowing parties to agitate such a dispute in a civil court. It is submitted that 1st petitioner cannot act as a Vicar of this Church.
6. The writ court considered the issue at length and found that the Church in question is a constituent Church under the Malankara Orthodox Church. The question is when the authority of a Vicar is questioned, whether the writ court competent to order Police protection or not and whether there is any scope for issuing police protection.
7. In regard to first question, it is to be noted that WA NO. 552 OF 2024 8 metropolitan's authority to appoint a Vicar cannot be questioned. If the metropolitan appoints an incompetent Vicar, that can be questioned before the civil court. Unless appointment itself impeached through the process of law, the Vicar is is deemed to be a legally appointed Vicar. In a Police Protection matter, the court is not deciding the legality of the appointment but only considering for the purpose of maintaining a writ petition, whether he is competent to the present in Church or not. For that, a defacto authority would be sufficient. If legal authority can be questioned before the civil court, the persons questioning the legal authority are free to do so. Unless and until a competent civil court declares that he is incompetent to hold the office of the Vicar, based on the superior authority of the metropolitan who is competent to appoint such Vicar, the court will have to act for the limited purpose of granting relief of police protection. In that process the court is not acknowledging the legal authority, but only considers whether he is competent to represent a WA NO. 552 OF 2024 9 Church to protect its interest or not. Therefore, any person who wants to question or challenge this authority, is free to approach the appropriate forum. We reserve such liberty.
8. In regard to the question regarding granting relief of police protection, a statement has been filed in this matter by the learned Government Pleader. It is clear from the statement filed before this Court there is a law and order issue.
Paragraph 3 and 4 of the Counter affidavit reads as follows:
"It is submitted that the St.Thomas Orthodox Syrian Church Mazhuvannoor has two chapels one is at Mangalthunada and the other is at Tattamugal. At present Fr.John Joseph Pathikal S/O Joseph Pathikkal house, Perumbavoor serves as the priest of Mangalthunada Chapel and Fr.Alisas K Eralil S/o Kuriakkose Eralil house South Mazhuvannoor serves as the Priest of Thattamugal Chapel. Both the priests are appointed by Jacobite Bishop. The WA NO. 552 OF 2024 10 services & administration of the chapels are done by Jacobite faction.
3. It is submitted that at present Jacobite Faction members locked the two main gates of Mazhuvannoor Church and metal bars are welded to the gate the the re-enforcements are made in such a way to prevent any forceful opening of the gate by police. A 'Panthal' is also arranged inside the Church compound near the gate for organising protest against police and orthodox faction members. Around 20 to 40 youth wing members of Jacobite faction are staying inside the Church compound in turn wise to resist any sudden action by the Police.
10. It is to be noted that Jacobite faction, who re not entitled to administer the Church in the light of K.S.Varghese's case (supra)have locked two main gates and created hurdles for smooth administration of the Church by the Vicar appointed by the metropolitan. It is to be noted that in the light of K.S.Varghese' case (supra) Jacobite faction has no manner or right to interfere with the administration of Church and interfere with the Vicars appointed by the metropolitan in accordance with 1934 WA NO. 552 OF 2024 11 constitution. In the light of the fact that there exists a law and order issue, as revealed from the statement filed by the Government Pleader, we are of the view that writ court was justified in ordering police protection. Therefore, there is no scope for interfering in this matter.
Writ appeal is dismissed.
Sd/ A.MUHAMED MUSTAQUE JUDGE sd/ S.MANU JUDGE jm/ WA NO. 552 OF 2024 12 APPENDIX OF WA 552/2024 PETITIONER ANNEXURES Annexure 1 COPY OF JUDGMENT DATED 31-03-2023 IN O.S.448/2019 OF MUNSIFF'S COURT, KOTHAMANGALAM Annexure 2 COPY OF JDUGMENT DATED 03-12-2019 IN WPC 25089/2019 OF HIGH COURT OF KERALA Annexure 3 COPY OF ORDER DATED 11-02-2020 IN RP 41/2020 IN WPC 25089/2019 OF HIGH COURT OF KERALA