IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 2102 of 2011(K) ------------------------------------- PETITIONER(S): ---------------------- 1. REV. HENRY D.DAVEED, AGED 38 YEARS, S/O.DENNISON, AREA CHAIRMAN, EVANGELICAL CHURCH OF INDIA, THIRUVANANTHAPURAM, RESIDING AT BETHEL BHAVAN, KOLLODU, KOLLODU. P.O, KATTAKKADA. 2. REV. H. ANGES, S/O.HARRIS, AGED 41 YEARS, PRIEST, EVANGELICAL CHURCH OF INDIA, (ECI), MELAMCODE KARUMAM. P.O, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP, SRI.V.VIJULAL. RESPONDENT(S): -------------------------- 1. THE CITY COMMISSIONER OF POLICE, OFFICE OF CITY COMMISSIONER OF POLICE, THIRUVANANTHAPURAM-695001. 2. THE ASSISTANT COMMISSIONER OF POLICE, OFFICE OF ASSISTANT COMMISSIONER OF POLICE, FORT,THIRUVANANTHAPURAM-695 0012. 3. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF CIRCLE INSPECTOR OF POLICE, NEMOM-695 020. 4. THE SUB INSPECTOR OF POLICE, NEMOM POLICE STATION, 695 020. 5. B. RAJASEKHARAN NAIR, NAGA VILASOM, EDAGRAMAM, KARUMAN. P.O., 695 002. WP(C).No. 2102 of 2011(K) * ADDL. R6 IMPLEADED ADDL. R6: THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, PIN-695 001. * IS IMPLEADED AS PER ORDER DATED 04/02/2011 IN I.A.2005/2011. R1 TO R4 & ADDL. R6 BY GOVT. PLEADER MR.T.K. VIPINDAS. R5 BY ADV. SRI.S.RAJEEV. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 2102 of 2011(K) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE TAX RECEIPT DATED 13/04/2010. EXT.P2: COPY OF THE PROCEEDINGS DATED 16/11/2007 BY THE DISTRICT COLLECTOR. EXT.P3(a): COPY OF THE BUILDING PERMIT DATED 21/08/2008. EXT.P3(b): COPY OF THE APPROVED PLAN. EXT.P4: COPY OF THE PHOTOGRAPH OF THE CHURCH. EXT.P5: COPY OF THE COMPLAINT DATED 03/12/2009 WHICH IS OBTAINED UNDER RTI ACT. EXT.P6: COPY OF THE ORDER DATED 26/10/2010 IN CRL.MC.NO.1372/2010. EXT.P7: COPY OF THE COMPLAINT DATED 15/10/2010 BY 2ND PETITIONER BEFORE 1ST RESPONDENT. EXT.P8: COPY OF THE FIR DATED 17/10/2010 IN CRIME NO.1018/2010. EXT.P9(a): COPY OF THE NEWS PAPER REPORT PUBLISHED ON 18/10/2010. EXT.P9(b): COPY OF THE NEWS PAPER REPORT PUBLISHED ON 18/10/2010. EXT.P9(c): COPY OF THE NEWS PAPER REPORT PUBLISHED ON 18/10/2010. EXT.P10: COPY OF THE COMPLAINT DATED 03/11/2010 BEFORE CHIEF MINISTER. RESPONDENT'S EXHIBITS & ANNEXURE: EXT.R5(a): COPY OF THE REPORT RECEIVED FROM THE DISTRICT COLLECTOR OBTAINED UNDER THE RIGHT TO INFORMATION ACT DATED 18/11/2010. ANNEXURE R1: COPY OF THE ORDER DATED 05/07/2011 IN PROCEEDINGS NO.8024/2010. //TRUE COPY// P.A. TO JUDGE rs PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- W.P.(C).No.2102 of 2011 ------------------------------------------- Dated this the 21st day of July, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. Adv. Sri. R.T. Pradeep, learned counsel for petitioner would assail Annexure-R1 with all the force that he could command. We do notice some merits in the submissions of Sri.R.T.Pradeep challenging Annexure-R1 including his submission that having issued Ext.P2 it is beyond the jurisdiction of the District Collector to issue an order in the form of Annexure-R1. But we are of the view that in these proceedings wherein the issue is whether police protection should be granted as sought for, it is not within our domain to examine and to entertain and to consider the merits of the arguments against Annexure-R1. We permit the petitioner to challenge Annexure-R1 by initiating appropriate fresh proceedings and dispose of the writ petition accordingly. As regards construction of the church W.P.(C).2102/11 -2- made so far we direct both sides to maintain status quo as obtaining today for a period of two weeks. We make it clear that this judgment disposing of the writ petition will not stand in the way of the interim order dt. 31.5.2011 permitting the Sunday services in the church in the uncompleted building from 9.00 a.m. to 11.00 p.m. operating on condition that only the parishioners will be permitted to participate in the services. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb