IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 15275 of 2008(R) -------------------------- PETITIONERS: ------------------- 1. CYRIL MAR BASELIOSE, METROPOLITAN OF MALABAR INDEPENDENT SYRIAN CHURCH (MALABAR SWATHANTHRA SURIYANI SABHA), THOZHIYOOR, TRICHUR DISTRICT. 2. C.K.ELVY, SECRETARY & TRUSTEE OF MAR KOORILOSE BAVA CHURCH, K.R.P.ROAD, CEMETERY JUNCTION, ERNAKULAM, COCHIN-18. BY ADV. SRI.P.K.BEHANAN RESPONDENTS: --------------------- 1. THE ASSISTANT COMMISSIONER OF POLICE, LAW AND ORDER, KOCHI CITY, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, CHITTOOR ROAD, ERNAKULAM. COCHIN-18. 3. THE SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, CHITTOOR ROAD, ERNAKULAM, KOCHI-18. 4. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 5. P.S.PRAKASH, S/O.P.C.SIMON, PULIKKOTTIL HOUSE, CHURCH ROAD, PALARIVATTOM.P.O. 6. THOMAS VARGHESE, S/O.VARGHESE P., PANAKAMATTOM HOUSE, ELAMKULAM.P.O. ERNAKULAM. BY GOVT.PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & K.HEMA,JJ. ----------------------------------------- W.P(C).No.15275 OF 2008 ----------------------------------------- Dated this the 23rd day of May, 2008 JUDGMENT Balakrishnan Nair, J. The first petitioner is the head of a Church. The second petitioner is its Secretary and Trustee. They propose to hold a meeting of the Sabha Council in a Church at Cemetery Junction, Ernaulam, i.e., on 1.6.2008. The petitioners apprehend that some of the members of the local Church, with the help of a retired Metropolitan of the Sabha, may disrupt the meeting. Anticipating such action from their part, the first petitioner has already moved the police by filing Exhibit P4 representation requesting that appropriate protection may be granted for holding the meeting. Thereafter this Writ Petition is filed seeking the following reliefs: “(a) to issue a writ of mandamus or any other writ order or directing respondents Nos.1 to 3 police officers to give adequate and effective police protection to the petitioners and for the smooth functioning and conduct of the Sabha Council meeting scheduled as per Exhibit P3 notice and Exhibit P2 list of Sabha Council members, at Mar Koorilose Bava Church, K.R.P.Road, Cemetery Junction, Ernaulam, Cochin-18 on 1.6.08. WP(C).15275/08 2 (b) issue another writ order or direction directing the respondent Nos. 1 to 3 police officers to give adequate and effective police protection to the petitioners from the interference and using muscle power, of respondent Nos. 5 & 6 and their men, from forcibly entering into the Sabha Council meeting place in the Mar Koorilose Bava Church at Cemetery Junction Ernauklam on 1.6.08 and from obstructing the scheduled programs of the meeting as published as per Exhibit P3 Council meeting notice. (c) issue another writ order or direction directing the respondent police officers, to give adequate police protection to the petitioners from any kind of disturbance to the Sabha Council meeting from the side of the respondent Nos. 5 & 6 and their men.” 2. If the members of a Church are obstructing the meeting, the petitioners can move the Civil Court and get appropriate reliefs. On the date of meeting, if there is any law and order problem, they can approach the police also. We find no reason to think that the police will not take action to maintain law and order, if any information regarding such problem or commission of any cognizable offence is reported. This Writ Petition is anticipatory in nature. We find no reason to think that the police will fail in their duty to maintain law and order. This Writ Petition, which is filed anticipating failure from the part of the police, is not maintainable. Accordingly, it is dismissed, without prejudice to the contentions of WP(C).15275/08 3 the petitioners and their right to move the Civil Court and other forums for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE K.HEMA, JUDGE vgs.