Kerala High Court
The St.Michaels Church Parish Council vs The State Of Kerala on 24 September, 2019
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 24TH DAY OF SEPTEMBER 2019 / 2ND ASWINA, 1941
OP(C).No.1556 OF 2019
AGAINST THE ORDER/JUDGMENT IN OS 511/2012 OF ADDITIONAL DISTRICT
COURT KOZHIKODE- II
PETITIONER/S:
THE ST.MICHAELS CHURCH PARISH COUNCIL
WEST HILL, REP. BY ITS PRESIDENT,
THE VICAR OF THE CHURCH,
ST. MICHAEL'S CHURCH VICARAGE, WEST HILL,
KOZHIKODE - 673005, IN KACHERI AMSOM AND DESOM,
KOZHIKODE TALUK
BY ADVS.
SRI.P.T.MOHANKUMAR
SRI.SHYAM PADMAN
SRI.C.M.ANDREWS
SMT.BOBY M.SEKHAR
KUM.LAYA MARY JOSEPH
RESPONDENT/S:
1 THE STATE OF KERALA
REP. BY THE DISTRICT COLLECTOR, COLLECTORATE,
CIVIL STATION, PIN - 673020, KOZHIKODE TALUK,
IN NEGUNAGOTTUR AMSOM AND DESOM.
2 THE REVENUE DIVISONAL OFFICER
KOZHIKODE CIVIL STATION P. O., KOZHIKODE,
PIN - 673020, NEGUNGOTTUR AMSOM AND DESOM, KOZHIKODE
TALUK.
3 THE UNION OF INDIA
REP. BY THE SECRETARY, MINISTRY OF DEFENCE, 101,
SOUTH BLOCK, NEW DELHI - 110064
4 COL. SREEKUMAR
THE STATION COMMANDER, BRANCH RECRUITING OFFICE, WEST
HILL BARRACKS, WEST HILL P. O.,
KOZHIKODE - 673005, KACHERI AMSOM AND DESOM,
KOZHIKODE TALUK
R3 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
R1 & R2 SRI.M.I.JOHNSON,SENIOR GOVERNMENT PLEADER
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 24.09.2019, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP(C).No.1556 OF 2019 2
JUDGMENT
This Original Petition is filed under Article 227 of the Constitution of India by the plaintiff in O.S.No.511/2012 seeking the following reliefs:-
a) Commanding the respondents to maintain status quo as was available at the inception of the suit and to strictly comply with the directions issued by the District Court, Kozhikode in Exhibit P2 order in the C.M.A 63/2012, dated 10.12.2012.
b) Directing the learned District Judge, Kozhikode (II A) to return Exhibit P3 petition for initiating proceedings for violation of the interim order of injunction to the Munsiff of Kozhikode - II and further directing the said Munsiff to conduct the proceedings in pursuance thereto, as expiditiously as possible against the 4th respondent or other respondents if found responsible and to pass orders in accordance with law.
2. Apparently, petitioner has secured Ext.P2 order in C.M.A 63/2012 dated 10.12.2012 passed by the II Additional District Judge, Kozhikode, whereby the respondents, their men or representatives are restrained by way of interim order of injunction from obstructing the petitioner or their members of the Parish or worshipers from offering prayers and worship in the church situated OP(C).No.1556 OF 2019 3 in the petition scheduled property and from performing religious service and sacrament therein and also making any obstruction or hindrance to the free entry of the petitioner, members of the parish or worshipers in the church until the disposal of the suit.
3. It is also informed that Ext.P2 order passed by the Additional District Court has become final, since no further revision or any other proceedings are instituted by the respondents. However in this Original Petition, petitioner has apprehended a situation, wherein the church festival was to take place on 11.06.2019, that obstructions will be created by respondent Nos. 4 and 5, since the church is situated within a military barrack. Anyhow, the festival is over and the interlocutory order passed by the Additional District Court as specified above, is remaining intact and in that view of the matter, I do not think at this stage of the proceedings, anything survives to be considered or adjudicated as is OP(C).No.1556 OF 2019 4 raised by the petitioner in the Original Petition.
4. After hearing learned counsel appearing for the parties on either side, I am of the considered opinion that, the Original Petition is to be disposed of with appropriate directions. Accordingly, the Original Petition is disposed of directing the respondents to abide by Ext.P2 order scrupulously, unless and until the same is modified by any competent court of law. If the petitioner feels that, there is any violation of the interim order passed in Ext.P2, petitioner will be at liberty to initiate the proceedings as per the provisions of the Code of Civil Procedure.
The Original Petition is disposed of, accordingly.
Sd/-
SHAJI P.CHALY JUDGE hmh OP(C).No.1556 OF 2019 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS 511/2012 IN THE FILE OF THE MUNSIFF OF KOZHIKODE
- II EXHIBIT P2 INTERIM ORDER OF INJUNCTION IN CMA 63/2012, ISSUED BY THE DISTRICT COURT, KOZHIKODE, DATED 10.12.2012 EXHIBIT P3 TRUE COPY OF THE PETITION, IA 1026/2017 FOR INITIATING ACTION FOR VIOLATION OF THE INTERIM ORDER OF INJUNCTION EXHIBIT P4 TRUE COPY OF THE COMMISSION REPORT, FILED IN THE ABOVE MATTER DATED 06.06.2019 EXHIBIT P5 TRUE COPY OF THE PETITION, IA 1027/2019 SEEKING IMPLEMENTATION OF THE INTERIM ORDER OF INJUNCTION RESPONDENT'S/S EXHIBITS: NIL