Kerala High Court
Livingstone. A vs The State Police Chief on 16 March, 2026
2026:KER:23373
WP(C) Nos.7687/2023 & 12043/2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 16TH DAY OF MARCH 2026 / 25TH PHALGUNA, 1947
WP(C) NO. 7687 OF 2023
PETITIONER:
ACTION COUNCIL, MATEER MEMORIAL CHURCH, LMS
COMPOUND, PALAYAM, THIRUVANANTHAPURAM, PIN - 695
033
BY ADVS.
SMT.NISHA GEORGE
SHRI.VISHNU B.KURUP
SRI.GEORGE POONTHOTTAM (SR.)
RESPONDENTS:
1 THE STATE POLICE CHIEF, STATE POLICE
HEADQUARTERS, VAZHUTHACAUDU, THIRUVANANTHAPURAM,
PIN - 695 010
2 THE CITY POLICE COMMISSIONER, THYCAUD,
THIRUVANANTHAPURAM, PIN - 695 034
3 THE STATION HOUSE OFFICER, MUSEUM POLICE STATION,
THIRUVANANTHAPURAM, PIN - 695 033
4 THE SOUTH KERALA DIOCESE, REPRESENTED BY ITS
BISHOP MOST. REV. A. DHARMARAJRASSALAM, AGED 66
YEARS, S/O.ALBERT, BISHOP'S HOUSE, L.M.S
COMPOUND, PALAYAM, THIRUVANANTHAPURAM, PIN - 695
033
2026:KER:23373
WP(C) Nos.7687/2023 & 12043/2023
2
5 MOST REV. A.DHARMARAJRASALAM, AGED 66 YEARS
S/O. ALBERT, BISHOP OF CHURCH OF SOUTH INDIA,
SOUTH KERALA DIOCESE,BISHOPS HOUSE, LMS COMPOUND,
PALAYAM, THIRUVANANTHAPURAM, PIN - 695 033
6 T.T. PRAVEEN, NOMINATED ADMINISTRATIVE SECRETARY,
CHURCH OF SOUTH INDIA,SOUTH KERALA DIOCESE ,
BISHOPS HOUSE, LMS COMPOUND, PALAYAM,
THIRUVANANTHAPURAM-, PIN - 695 033
7 REV.VEDARAJ, PRESBYTER IN CHARGE, MM CSI
CATHEDRAL, LMS COMPOUND, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695 033
8 REV. C.SANTOSH KUMAR, PRESBYTER, MM CSI
CATHEDRAL, LMS COMPOUND, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695 033
9 REV. VINCENT RESSALIAH, PRESBYTER, MM CSI
CATHEDRAL, LMS COMPOUND, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695 033
0 REV.SAJI N STUWART, PRESBYTER,MM CSI CATHEDRAL,
LMS COMPOUND, PALAYAM, THIRUVANANTHAPURAM, PIN -
695 033
11 ROSSMILAN DANIEL R.S, ADMINISTRATIVE SECRETARY,
MM CSI CATHEDRAL,LMS COMPOUND,
PALAYAM,THIRUVANANTHAPURAM, PIN - 695 033
12 THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE,
CIVIL STATION KUDAPPANANKKUNNU,
THIRUVANANTHAPURAM, PIN - 695 043
ADDL.R13 RAJEEV. T, AGED 54, SEXTON MATEER MEMORIAL CSI
CHURCH, S/O. THANKAN NADAR, PUTHUVAL PUTHEN
VEEDU, CHENKOTTUKONAM, THUNDATHIL P.O, IROOPARA,
THIRUVANANTHAPURAM - 695 584.
(IS IMPLEADED AS PER ORDER DATED 15/03/2023 IN IA
1/23 IN WP(C) )
BY ADVS.
2026:KER:23373
WP(C) Nos.7687/2023 & 12043/2023
3
GOVERNMENT PLEADER
SRI.ARUN.B.VARGHESE
SRI.R.SUNIL KUMAR
SMT. AISWARYA V.S.
SRI.S.SREEKUMAR (SR.)
SMT.A.SALINI LAL
SRI. SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 16.03.2026, ALONG WITH WP(C).12043/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:23373
WP(C) Nos.7687/2023 & 12043/2023
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 16TH DAY OF MARCH 2026 / 25TH PHALGUNA, 1947
WP(C) NO. 12043 OF 2023
PETITIONERS:
1 LIVINGSTONE. A, 88 YEARS, S/O ALBERT P (LATE)
GRACE HILL, TC 11/855, MRA 72, MANCHADIVILA,
NANTHENCODE, TRIVANDRUM (FAMILY NO. 444), PIN -
695 003
2 THOMAS S. P, AGED 87 YEARS, S/O S PAUL (LATE)
HOUSE NO-24, MUSEUM BAINS COMPOUND, NANTHENCODE,
TRIVANDRUM (FAMILY NO. 309), PIN - 695 003
3 JUSTIN. V, AGED 87 YEARS, S/O VEDASIROMONY G
(LATE) 88, BAINS COMPOUND, NANTHENCODE,
TRIVANDRUM (FAMILY NO. 247), PIN - 695 003
4 BENNET THOMPSON, AGED 84 YEARS, S/O THOMPSON M
(LATE), TC 11/1254-1, YMR 18A,YMR JN.,
NANTHENCODE, TRIVANDRUM (FAMILY NO. 293), PIN -
695 003
BY ADVS.
SMT.NISHA GEORGE
SRI.GEORGE POONTHOTTAM (SR.)
SHRI.VISHNU B.KURUP
RESPONDENTS:
1 THE STATE POLICE CHIEF, STATE POLICE
2026:KER:23373
WP(C) Nos.7687/2023 & 12043/2023
5
HEADQUARTERS, VAZHUTHAKAD, THIRUVANANTHAPURAM,
PIN - 695 010
2 THE CITY POLICE COMMISSIONER, THYCAUD,
THIRUVANANTHAPURAM, PIN - 695 034
3 THE STATION HOUSE OFFICER, MUSEUM POLICE STATION,
THIRUVANANTHAPURAM, KERALA, PIN - 695 033
4 THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE,
CIVIL STATION, KUDAPANAKUNNU, THIRUVANANTHAPURAM,
PIN - 695 043
5 THE SOUTH KERALA DIOCESE, REPRESENTED BY ITS
BISHOP, REV. A. DHARMARAJ RASALAM, BISHOPS HOUSE,
LMS COMPOUND, PALAYAM, THIRUVANANTHAPURAM,
KERALA, PIN - 695 033
6 REV A DHARMARAJ RASALAM, BISHOP OF CHURCH OF
SOUTH INDIA, SOUTH KERALA DIOCESE, BISHOPS HOUSE,
LMS COMPOUND, PALAYAM, THIRUVANANTHAPURAM,
KERALA, PIN - 695 033
7 T.T PRAVEEN, NOMINATED ADMINISTRATIVE SECRETARY.
CHURCH OF SOUTH INDIA, SOUTH KERALA DIOCESE,
BISHOPS HOUSE, LMS COMPOUND, PALAYAM,
THIRUVANANTHAPURAM, KERALA, PIN - 695 033
8 REV. VEDARAJ, PRESBYTER IN CHARGE, MM CSI
CATHEDRAL. LMS COMPOUND, PALAYAM,
THIRUVANANTHAPURAM, KERALA, PIN - 695 033
9 REV. C. SANTOSH KUMAR, PRESBYTER, MM CSI
CATHEDRAL, LMS COMPOUND, PALAYAM,
THIRUVANANTHAPURAM, KERALA, PIN - 695 033
0 REV. VINCENT RESSALIAH, PRESBYTER, MM CSI
CATHEDRAL, LMS COMPOUND, PALAYAM,
THIRUVANANTHAPURAM, KERALA, PIN - 695 033
11 REV SAJI N STUWART, PRESBYTER, MM CSI CATHEDRAL,
LMS COMPOUND, PALAYAM, THIRUVANANTHAPURAM,
KERALA, PIN - 695 033
2026:KER:23373
WP(C) Nos.7687/2023 & 12043/2023
6
12 ROSSMILAN DANIEL R.S., ADMINISTRATIVE SECRETARY,
MM CSI CATHEDRAL, LMS COMPOUND, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695 033
BY ADVS.
GOVERNMENT PLEADER
SRI.ARUN.B.VARGHESE
SMT. AISWARYA V.S.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 16.03.2026, ALONG WITH WP(C).7687/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2026:KER:23373
WP(C) Nos.7687/2023 & 12043/2023
7
JUDGMENT
[WP(C) Nos.7687/2023, 12043/2023] The learned counsel for the petitioners submits that the writ petitions may be closed with liberty to approach this Court, if necessity arises.
2. The learned Government Pleader states that, as of now, there is no threat, as alleged by the petitioners.
In any event, taking note of the submissions made, these writ petitions would stand closed, leaving open the right of the petitioners to approach this Court, if necessity arises.
Sd/-
HARISANKAR V. MENON JUDGE PR 2026:KER:23373 WP(C) Nos.7687/2023 & 12043/2023 8 APPENDIX OF WP(C) NO. 7687 OF 2023 PETITIONER EXHIBITS ExhibitP-1 TRUE COPY OF THE LIST OF THE MEMBERS OF THE ACTION COUNCIL Exhibit-P2 PHOTOGRAPHS EVIDENCING THE CONDITION OF THE TJM HALL Exhibit-P3 TRUE COPY OF THE COMPLAINT DATED 29.04.2022 SUBMITTED BY DR Y.C. THAMPISAMRAJ BEFORE THE MUSEUM POLICE STATION, THIRUVANANTHAPURAMIS Exhibit-P4 TRUE COPY OF THE RECEIPT NO.136/DPTN/B5/2022 DATED 30.04.2022 ISSUED BY THE 3RD RESPONDENT ON EXHIBIT- P3 COMPLAINT Exhibit-P5 TRUE COPY OF THE COMPLAINT DATED 29.04.2022 SUBMITTED BY DR Y.C. THAMPISAMRAJ BEFORE THE DISTRICT COLLECTOR Exhibit-P6 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE COMMISSIONER OF POLICE DATED 02.05.2022 Exhibit-P7 . TRUE COPY OF THE PROPOSAL DATED 15.10.2009 OF THE DIOCESAN OFFICE BEARERS Exhibit-P8 . TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 15.11.2009 Exhibit-P9 . TRUE COPY OF THE DECISION OF THE DIOCESAN COUNCIL DATED 14.10.2010 Exhibit-10 TRUE COPY OF THE RESOLUTION DATED 13.4.2019 PASSED BY THE DIOCESAN SPECIAL COUNCIL MEETING Exhibit-P11 TRUE COPY OF THE JUDGMENT DATED 19.01.2023 IN WP(C) NO. 25147/2022 Exhibit-P12 TRUE COPY OF THE PROCEEDINGS SIGNED BY 7TH AND 11TH RESPONDENTS ARE PRODUCED Exhibit-P13 . TRUE COPY OF THE REPORT BEARING NO.98/RI ACT/2022 B5DATED 30.06.2022 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER AS PER THE RTI ACT ALONG WITH THE ENCLOSED REPORT DATED 24.06.2022 Exhibit-P14 TRUE COPY OF THE COMPLAINT DATED 13.02.2023 LODGED BY THE CONVENOR OF THE 2026:KER:23373 WP(C) Nos.7687/2023 & 12043/2023 9 PETITIONERBEFORE THE 1ST RESPONDENT Exhibit-P15 TRUE COPY OF THE RECEIPT DATED 13.02.2023 ISSUED BY THE 1ST RESPONDENT IS PRODUCED Exhibit-P16 THE TRUE COPY OF THE MINUTES OF THE MM CHURCH ACTION COUNCIL HELD ON 20.02.2022. Exhibit-P17 TRUE COPY OF THE LETTER DATED 04.03.2022 ISSUED BY THE PERIODICALLY ELECTED MM CSI CHURCH SECRETARY Exhibit-P18 THE TRUE PHOTOSTAT COPY OF THE RELEVANT PAGES OF THE TRAVANCORE STATE MANUAL - VOLUME 1 OF T K VELU PILLAI Exhibit-P19 THE TRUE PHOTOSTAT COPY OF THE RELEVANT PAGES OF THE SELF STYLED CONSTITUTION OF THE CHURCH OF SOUTH INDIA Exhibit-P20 THE TRUE PHOTOSTAT COPY OF THE MEMORANDUM OF ASSOCIATION AND ARTICLES OF ASSOCIATION OF THE CHURCH OF SOUTH INDIA TRUST ASSOCIATION Exhibit-P21 TRUE COPY OF THE RECEIPTS ISSUED FROM THE HALL WHEREIN THE PRAYER MEETINGS ARE BEING HELD FOR THE TIME BEING Exhibit-P22 TRUE COPY OF THE JUDGMENT IN OS 1675/2015 DATED 31.08.2019 PASSED BY THE COURT OF I ADDITIONAL MUNSIFF, THIRUVANANTHAPURAM Exhibit-P23 TRUE COPY OF THE JUDGMENT IN CMA NO. 43 OF 2016 DATED 25.08.2016 PASSED BY THE COURT OF THE ADDL. DISTRICT JUDGE-IV, THIRUVANANTHAPURAM Exhibit-P24 THE RELEVANT PAGES OF THE CONSTITUTION OF THE 4TH RESPONDENT (CHAPTER XIV) Exhibit-P25 THE RELEVANT PAGES OF THE TRIENNIAL REPORT 2018-2021 OF THE CHURCH Exhibit-P26 THE TRUE PHOTOCOPY OF THE STOP MEMO DATED 04.09.2022 ISSUED BY THE TOWN PLANNING OFFICER, THIRUVANANTHAPURAM CORPORATION Exhibit-P27 TRUE COPY OF THE LETTER DATED 28.07.2022 ISSUED FROM THE MUSEUM POLICE STATION WITH ENCLOSURES.
RESPONDENT EXHIBITS EXHIBIT R5(a) A TRUE COPY OF THE ORDER BEARING NO:
DM/01/SKD/2020 DATED 08.12.2020 ISSUED BY THE DEPUTY MODERATOR OF CHURCH OF SOUTH 2026:KER:23373 WP(C) Nos.7687/2023 & 12043/2023 10 INDIA EXHIBIT R5(b) A TRUE COPY OF THE RELEVANT PORTION OF MINUTES OF THE DIOCESAN COUNCIL AND THE EXECUTIVE COMMITTEE OF THE YEAR 1963 EXHIBIT R5(c) A TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE EXECUTIVE COMMITTEE MEETING HELD ON 31.03.2009 EXHIBIT R5(d) A TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE EXECUTIVE COMMITTEE MEETING HELD ON 05.11.2009 EXHIBIT R5(e) A TRUE COPY OF THE EXTRACT OF THE MINUTES OF THE SYNOD MEETING HELD ON 06.04.2022 DATED 19.05.2022 ISSUED BY THE GENERAL SECRETARY OF CSI EXHIBIT R5(f) A TRUE COPY OF THE LETTER BEARING NO:
TA/08/111/2022 DATED 24.05.2022 ISSUED BY THE HONORARY SECRETARY OF THE CHURCH OF SOUTH INDIA TRUST ASSOCIATION EXHIBIT R5(g) .A TRUE COPY OF FIR NO: 434/2022 REGISTERED BY THE 3RD RESPONDENT EXHIBIT R5(h) A TRUE COPY OF THE RELEVANT PORTION OF THE MAGAZINE NAMED CHURCH VOICE EXHIBIT R5(i) . A TRUE COPY OF THE UNNUMBERED OP (CAVEAT) FILED BEFORE THE MUNSIFF COURT THIRUVANANTHAPURAM BY THE CSI TRIVANDRUM PEOPLE`S FELLOWSHIP EXHIBIT R5(j) A TRUE COPY OF THE RELEVANT PORTION OF CHAPTER XI OF THE CONSTITUTION OF CHURCH OF SOUTH INDIA EXHIBIT R5(k) A TRUE COPY OF THE RELEVANT PORTION OF CHAPTER IX OF THE CONSTITUTION OF CHURCH OF SOUTH INDIA EXHIBIT R5(l) . A TRUE COPY OF THE ORDER DATED 14.03.2022 IN CRL MC NO: 3141/2021 PASSED BY THE HONOURABLE HIGH COURT OF KERALA EXHIBIT R5(m) A TRUE COPY OF THE PHOTOGRAPH SHOWING THE HUGE BANNERS PUT ON THE MM CATHEDRAL CHURCH EXHIBIT R5(n) A TRUE COPY OF THE PLAINT IN O.S NO:
144/2022 PENDING ON THE FILES OF SUB COURT THIRUVANANTHAPURAM EXHIBIT R5(o) A TRUE COPY OF FIR IN CRIME NO: 752/2022 REGISTERED BY THE 3RD RESPONDENT 2026:KER:23373 WP(C) Nos.7687/2023 & 12043/2023 11 EXHIBIT R5(p) A TRUE COPY OF FIR IN CRIME NO: 814/2022 REGISTERED BY THE CANTONMENT POLICE STATION EXHIBIT R5(q) A TRUE COPY OF THE RELEVANT PORTION OF CHURCH VOICE PUBLISHED FOR THE MONTH OF FEBRUARY 2023 EXHIBIT R5(r) A TRUE COPY OF THE RELEVANT PORTION OF THE CHURCH VOICE FOR THE MONTH OF SEPTEMBER 2022 EXHIBIT R5(s) A TRUE COPY OF THE APPLICATIONS FOR BURIAL SUBMITTED WITH RESPECT TO MRS . SWARNAM EXHIBIT R5(t) A TRUE COPY OF THE APPLICATIONS FOR BURIAL SUBMITTED WITH RESPECT TO PROF. SUMNITRA ROSE CHANDRAN EXHIBIT R5(u) A TRUE COPY OF THE APPLICATIONS FOR BURIAL SUBMITTED WITH RESPECT TO MR. NELSON.D EXHIBIT R5(v) A TRUE COPY OF THE APPLICATIONS FOR BURIAL SUBMITTED WITH RESPECT TO MRS. MARY PRASAD EXHIBIT R5(w) A TRUE COPY OF THE APPLICATIONS FOR BURIAL SUBMITTED WITH RESPECT TO MR. IMMANUEL P.N EXHIBIT R5(x) A TRUE COPY OF THE INVITATION FOR THE CHRISTMAS AND NEW YEAR PROGRAMS EXHIBIT R5(y) A TRUE COPY OF REPORT DATED 30.01.2023 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT Exhibit R5(z) A TRUE COPY OF THE LETTER DATED 24.03.2023 ISSUED BY THE DISTRICT REGISTRAR THIRUVANANTHAPURAM TO THE 7TH RESPONDENT INCORPORATING THE MEMORANDUM OF ASSOCIATION AND BYE LAW OF MATEER MEMORIAL CHURCH CONGREGATIONAL FELLOWSHIP(MMCCF) Exhibit R5(aa) A TRUE COPY OF PLAINT IN O.S NO: 576/2023 FILED BEFORE THE MUNSIFF COURT THIRUVANANTHAPURAM 2026:KER:23373 WP(C) Nos.7687/2023 & 12043/2023 12 APPENDIX OF WP(C) NO. 12043 OF 2023 PETITIONER EXHIBITS Exhibit-P1 A LIST OF MEMBERS REPRESENTING EACH FAMILY OF THE MATEER MEMORIAL CHURCH CONGREGATION ALONG WITH THE COMPLETE ADDRESS AND THE FAMILY MEMBERSHIP NUMBER Exhibit-P2 PHOTOGRAPHS EVIDENCING THE CONDITION OF THE TJM HALL Exhibit=P3 TRUE COPY OF THE PROPOSAL DATED 15.10.2009 SUBMITTED BY THE OFFICE BEARERS OF THE DIOCESAN TO THE CHURCH COMMITTEE.
Exhibit-P4 TRUE COPY OF THE MINUTES OF THE MEETING OF THE CHURCH MEMBERS HELD ON 15.11.2009 Exhibit-P5 TRUE COPY OF THE DECISION OF THE DIOCESAN COUNCIL DATED 14.10.2010 Exhibit-P6 TRUE COPY OF THE RESOLUTION PASSED BY THE DIOCESAN SPECIAL COUNCIL MEETING DATED 13.04.2019 Exhibit-P7 TRUE COPY OF THE JUDGMENT DATED 31.08.2019 IN O.S 1675/2015 PASSED BY THE ADDITIONAL MUNSIFF-I THIRUVANANTHAPURAM Exhibit-P8 TRUE PHOTOGRAPHS OF THE CSI CATHEDRAL AND THE PRESENT CONDITION.
Exhibit-P9 TRUE COPY OF THE JUDGMENT DATED 19.01.2023 IN W.P.(C)NO. 25147/2022 PASSED BY THIS HON'BLE COURT Exhibit-P10 THE RELEVANT PAGES OF THE CONSTITUTION OF THE 5TH RESPONDENT Exhibit-P11 TRUE COPY OF THE REPORT RECEIVED AS PER THE RTI ACT WITH COVERING LETTER DATED 30.06.2022 ISSUED BY THE MUSEUM POLICE. Exhibit-P12 TRUE COPY OF THE COMPLAINT DATED 30.03.3023 SUBMITTED BY THE PETITIONERS BEFORE THE STATE POLICE CHIEF, WITHOUT ENCLOSURES.
Exhibit-P13 TRUE COPY OF THE RECEIPT OF THE COMPLAINT DATED 31.03.2023 ISSUED BY THE POLICE.