IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 30501 of 2008(F) -------------------------- PETITIONER: --------------- FR.ISSAC MATTAMMAL, S/O.M.I.MATHAI, AGED 57,VICAR, ST.MARY'S,ORTHODOX CHURCH, KANDANADU, ERNAKULAM DISTRICT. BY ADV. SRI.HARISH R. MENON SRI.K.T.SHYAMKUMAR RESPONDENTS: --------------- 1. THE COMMISSIONER OF POLICE, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE TRIPPUNITHURA, ERNAKULAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, UDAYAMPEROOR. 4. FR.JOHN PUNNACHALIL, VICAR, ST.MARY'S CHURCH KANDANAD, KANDANAD P.O., THIRUVAMKULAM VIA, ERNAKULAM DISTRICT. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.30501 OF 2008 F ----------------------------------------------------- DATED THIS THE 16th DAY OF OCTOBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is one of the Vicars of the St.Mary's Orthodox Church, Kandanadu. The 4th respondent is another Vicar. They belong to Orthodox and Jacobite factions respectively. The right to administer the said church and its properties is the subject-matter of a suit pending before the District Court, Ernakulam. Exhibit P1 is the interim order passed in that suit. The said order reads as follows: “Heard. There are two priests already in the church. No other priests or any religious dignitary than the present priests should be allowed to officiate the prayers or Holy Mass or any other functions in the church. The present priests and the Receiver are directed to comply with this order peremptorily.” The petitioner submits, the 4th respondent is bound by that order. While so, the said respondent has published Exhibit P2 hand bill, which deals with the proposed visit of the Patriarch of Antioch Moron Mar Ignatius Zaka-I who is the supreme head of the Jacobite faction. There is also a proposal to declare late Mar Baselious Bava W.P.(C)No.30501/08 -2- as a Saint. He is already beatified. The declaration of him as a Saint by the Patriarch is also proposed to be done in the premises of the aforementioned church. The petitioner submits, such actions from the part of the 4th respondent will amount to violation of Exhibit P1 interim order of the civil court. Therefore, the petitioner has filed Exhibit P3 representation before the police, informing them that the entry into the church by the religious dignitaries as proposed under Exhibit P2 will amount to violation of Exhibit P1 order and therefore, the police may take effective steps to prevent their entry into the St.Mary's Orthodox Church or the High School owned by it. At present, the church is under the administration of a receiver appointed by the civil court. On the motion made by the petitioner and others, the said receiver has also addressed the Sub Inspector of Police, Udayamperoor, the 3rd respondent herein to take steps to ensure that no other priests or religious dignitaries other than the present priests are allowed to officiate the prayers or Holly Mass or any other functions in the church. The petitioner submits, the police convened a conference of all parties and the attitude of the police officers was in favour of the faction represented by the 4th respondent and hostile to the petitioner's faction. So, apprehending that the police may not take any effective action to prevent the entry of unauthorised persons in the church, which if happens may W.P.(C)No.30501/08 -3- develop into a law and order problem, this Writ Petition is filed, seeking appropriate reliefs. 2. When a foreign dignitary is visiting a place in the State, we are sure, the police will not fail to maintain law and order. We find no reason to act upon the apprehension of the petitioner. Further, if Exhibit P1 is violated by the 4th respondent, the petitioner's remedy is to move the court which passed Exhibit P1. The police have no power or authority to look into the violation of Exhibit P1 and take remedial action. Of course, the police can act to enforce Exhibit P1, if so ordered by the civil court, which passed Exhibit P1. Since the police does not have any power or authority or duty to look into violation of Exhibit P1, not to speak of apprehended violation of Exhibit P1, this Court cannot issue a writ of mandamus to the police to do that. In the result, the Writ Petition fails and it is dismissed. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn