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 26TH JUNE 2008 / 5TH ASHADHA 1930 WP(C).No. 17284 of 2008(G) ----------------------------------------- PETITIONER: ---------------------- PASTOR YESUDAS.P.K, ASSEMBLIES OF GOD CHURCH, KATTAKADA, TRIVANDRUM. BY ADV. SRI.BLAZE K.JOSE RESPONDENTS: ------------------------ 1. CIRCLE INSPECTOR OF POLICE, KATTAKKADA, TRIVANDRUM. 2. SUB INSPECTOR OF POLICE, KATTAKADA, TRIVANDRUM. 3. REJI JOHN, S/O. JOHNSON, AGED 29, KARMEL HOUSE, MULAYAMCODE, KATTAKADA.P.O, VEERANAKAVU VILLAGE, 4. ROY JOHN, AGED 30, BROTHER REJI JOHN, ADDRESS AS ABOVE. 5. P. SOMAN, AGED 53, EBENEZER BHAVAN, NJARAVILA, OOTTUKUZHY, KATTAKADA.P.O, KULATHUMMAL VILLAGE. 6. BERNETT THEODER, S/O. GEORGE, AGED 32, BABBY HOUSE, KARINGAL, KANDALA, KOTTAMPALLY.P.O. BY SR. GOVERNMENT PLEADER SRI. BENJAMIN PAUL – R1 & R2 BY ADV. SRI.D.ROBINSON - R3 TO 6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17284/2008 G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE INTIMATION OF TRANSFER DTD. 4/4/2008 OF THE SOUTH INDIAN ASSEMBLIES OF GOD MALAYALAM DISTRICT COUNCIL TO THE PETITIONER. EXT.P2: COPY OF THE INTIMATION OF TRANSFER TO KATTAKADA ASSEMBLIES OF GOD FROM SOUTH INDIAN ASSEMBLIES OF GOD, MALAYALAM DISTRICT COUNCIL. EXT.P3: COPY OF THE NOTICE OF THE REFERENDUM DTD. 17/5/2008 OF THE DISTRICT COUNCIL. EXT.P4: COPY OF THE ORDER DTD. 19/05/2008 OF THE DISTRICT COUNCIL OF ASSEMBLIES OF GOD CHURCH. EXT.P5: COPY OF THE REPRESENTATION DTD. 30/05/2008. EXT.P6: COPY OF THE LETTER DTD. 31/05/2008 OF SECTION PRESBYTER KATTAKADA CHURCH HANDING OVER THE CHARGE TO THE PETITIONER. EXT.P7: COPY OF THE COMPLAINT DTD. 2/06/2008. EXT.P8: COPY OF THE RELEVANT PAGES OF THE CONSTITUTION AND BYELAWS OF ASSEMBLIES OF GOD MALAYALAM DISTRICT COUNCIL. EXT.P9: COPY OF THE BYELAWS OF PRADESIKA SABA OF THE MALAYALAM DISTRICT COUNCIL OF SOUTH INDIA ASSEMBLIES OF GOD. EXT.P10: COPY OF THE MINUTES OF THE SABA COMMITTEE DTD. 15/04/2007. EXT.P11: COPY OF THE CAVEAT PETITION NO.75/2008 FILED BEFORE THE MUNSIFF COURT, NEDUMANGAD. EXT.P12: COPY OF THE CERTIFICATE DTD. 24/06/2008 ISSUED BY THE DISTRICT COUNCIL OF ASSEMBLIES OF GOD CHURCH. EXT.P13: COPY OF THE CERTIFICATE DTD. 24/06/2008 ISSUED BY THE DISTRICT COUNCIL OF ASSEMBLIES OF GOD CHURCH. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 17284 OF 2008 ============================ DATED THIS THE 26th DAY OF JUNE 2008 JUDGMENT Balakrishnan Nair,J. The petitioner is a Pastor of the church called Assemblies of God Church. By Ext.P1, the competent authority of the church transferred the petitioner to Kattakkada and the Pastor working at Kattakkada was transferred to Mannanthala by Ext.P2. The said person went and assumed charge as Pastor at Mannanthala, it is submitted. Some persons were against the transfer of the existing incumbent of Kattakkada and the posting of the petitioner there. So, they raised certain objections. The matter was referred for referendum of the parishioners by the District Council of the Church as evident from Ext.P4. The petitioner submits, majority of the members of the parish supported Ext.P1 order. 15 members walked out from the assembly, which met to consider the matter. Pursuant to Ext.P4 result of the referendum, the petitioner was given charge as Pastor. But the 15 persons who walked out, started causing obstruction to the petitioner functioning as Paster. So, the petitioner WPC. 17284/2008 -2- filed Exts.P5 and P7 representations before the police. He is also not permitted to occupy the residential quarters of the Pastor. Since the police did not take any effective action, this writ petition is filed seeking the following reliefs: “a) to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 and 2 to accord adequate protection to the life of the petitioner to perform his duties and functions in the Assemblies of God Church, Kattakkada and also to the life of the members of the Church to offer prayers and adoration; b) to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 and 2 to accord adequate protection to the life of the petitioner and his family to have a peaceful life in the church home at Assemblies of God Church, Kattakkada.” 2. The 4th respondent has filed a counter affidavit on behalf of respondent Nos. 3 to 6 disputing the claim of the petitioner. The petitioner has filed a reply affidavit. 3. According to the 4th respondent, the petitioner's appointment as Parish Priest is against the provisions of the bye-laws. The learned Government Pleader, upon instructions, submitted that there is WPC. 17284/2008 -3- a communal divide in the church based on the erstwhile caste of the members from which they were converted to christianity. There is no law and order problem warranting interference in the matter by the police, it is submitted. 4. It is well settled that for discharging the functions of an office, the police protection cannot be granted. For that the remedy of the petitioner is to move the competent civil court. This Court cannot adjudicate on the right of the petitioner to function as the Parish Priest. In this police protection jurisdiction, which is meant for issuing a writ of mandamus to the police, we are concerned with the failure of duty from the part of the police. The Police cannot be asked to adjudicate the rival claims of the parties and on finding that the petitioner's claim is genuine, to render protection to him. Only the civil court can adjudicate the dispute raised in this writ petition. The civil court can also pass interim orders in favour of the petitioner and that court has ample powers under the C.P.C. to enforce its orders. Having regard to the nature of the case, we are not inclined to direct the police to grant protection. All the contentions of both sides are left open. But this order will not affect the powers of the WPC. 17284/2008 -4- police to register a crime and investigate the same, if information regarding the commission of any cognizable offence is reported. The writ petition is disposed of as above. Sd/- K. BALAKRISHNAN NAIR, JUDGE Sd/- M.C. HARI RANI JUDGE ks.