Important points:
Any failure on the part of the officer concerned in discharging the statutory duty or obligation, the petitioner can approach this Court in a writ petition filed under Article 226 of the Constitution of India, seeking appropriate reliefs, in which the State of Kerala, the officer concerned and also those who are causing threat to the life and/or the property of the petitioner, as alleged in the said complaint, are to be arrayed as respondents

JUDGMENT :

The 1st petitioner is St.George Tabore Church, Peechanikkadu, which is stated to be a constituent Parish Church of Malankara Orthodox Syrian Church within the Diocese of Anagamaly, which is represented in this proceedings by one K.M.Eldho, who is stated to be its trustee. The 2nd petitioner is stated to be the Vicar appointed by the Diocesan Metropolitan of the Diocese of Angamaly in accordance with the 1934 Constitution of Malankara Church and petitioners 3 and 4 are stated to be the parishioners of 1st petitioner Church. The petitioners have filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding respondents 1 to 6 to afford adequate and effective police protection to the 2nd petitioner to conduct religious services in the 1st petitioner Church, its cemetery and chapels and petitioners 3 and 4 and other parishioners of the 1st petitioner Church in participating such religious services without any let, hindrance or obstruction from respondents 7 to 9, their men, agents or followers and anybody claiming under them in the interest of justice. The further relief sought for is for a writ of mandamus commanding respondents 1 to 6 to act strictly adhering to the decision of the Apex Court in K.S. Varghese v. St. Peter's and St. Paul's Syrian Orthodox Church [2017 (15) SCC 333] and Ext.P4 judgment of the Principal Sub Court, North Paravur dated 13.05.2020 in O.S.No.92 of 2018 to ensure that no priest or prelate appointed otherwise than in accordance with Malankara Church Constitution of 1934 conduct any sacraments including Holy Mass in the 1st petitioner Church, its chapels, cemetery or the appurtenant buildings thereto.

2. On 16.06.2020, when this writ petition came up for consideration, the learned State Attorney took notice for respondents 1 to 6. Respondents 7 and 8 entered appearance through counsel and this Court issued notice before admission to the 9th respondent. While listing the writ petition on 13.07.2017, this Court granted an interim order as prayed for, i.e., an order directing respondents 2 to 6 to afford adequate and effective police protection to the 2nd petitioner to conduct religious sacraments and other religious functions in the 1st petitioner Church, its chapels, its cemetery and appurtenant buildings and petitioners 3 and 4 and other parishioners of the 1st petitioner Church in participating in such religious services without any let, hindrance or obstruction from respondents 7 to 9, their men, agents or followers or anybody claiming under them, ensuring that no priest or prelate appointed otherwise than in accordance with Malankara Church Constitution of 1934 conduct any sacraments therein.

3. On 13.07.2020, when this writ petition came up for admission, this Court admitted the matter on file and posted the same along with connected matters. On 29.07.2020, this Court noticed that when this writ petition came up for consideration before the Bench on 22.07.2020, the interim order was not extended. On 22.06.2020, respondents 7 and 8 have filed I.A.No.1 of 2020 seeking an order to keep in abeyance the interim order dated 16.06.2020. They have also filed I.A.No.2 of 2020 seeking an order to vacate the said interim order. On 04.08.2020, they have filed a counter affidavit opposing the reliefs sought for in this writ petition. The said counter affidavit was followed by an additional counter affidavit by respondents 7 and 8, which was filed on 11.08.2020.

4. On 17.08.2020, the petitioners have filed I.A.No.4 of 2020 seeking an order to accept Exts.P11 and P12 as additional documents. The document marked as Ext.P11 is a certified copy of the list of 1064 churches submitted along with O.S.No.4 of 1979 and that marked as Ext.P12 is a copy of the list of churches prepared for the purpose of Malankara Association under the directions of the Apex Court.

5. Heard the learned counsel for the petitioners, the learned State Attorney appearing for respondents 1 to 6