IMPORTANT POINT
The writ court can grant police protection based on the de facto authority of a Vicar appointed by the metropolitan, unless a civil court declares otherwise.

JUDGMENT :

A. Muhamed Mustaque, J.

1. This appeal came before us along with another Writ Appeal No. 945/2023. However, the learned Counsel for the appellant in Writ Appeal No. 945/2023 sought an adjournment. In fact, the case was initially posted on 22.07.2024, but it was advanced today to take up with W.A. No. 552/2024. Any way since the learned Counsel appearing in Writ Appeal No. 945/2023 sought an adjournment, we adjourn it to 22.07.2024.

2. Therefore, we have taken up W.A. No. 552/2024 for hearing and disposal. The matter being related to police protection, we find no difficulty in having a separate hearing for both these cases.

3. The Respondents 1 to 5 approached the writ court seeking police protection to administer the St. Thomas Orthodox Syrian Church, Mazhuvannoor, Ernakulam District and also seeking direction to stop the parallel administration and service in the above church by respondents 8 to 15 or any one acting under them. This appeal was preferred by respondents 8 and 9 in W.P. (C) 27081/2019. The respondents 1 to 5 in this appeal are the petitioners in the aforementioned Writ Petition. The parties in this appeal are herein refererred based on the status in the Writ Petition.

4. Writ Court in the light of relief granted by the Apex Court in K.S. Varghese v. St. Peter’s & Paul’s Syrian Orthodox Church & Ors. 2017 (3) KLT 261 (SC) : (2017) 15 SCC 333 granted Police protection.

5. The respondents 8 and 9 would contend that the appointment of the 1st petitioner as a Vicar by the metropolitan is questionable and there exists a dispute regarding authority of the first petitioner as a Vicar and therefore, without resorting to civil remedy, petitioners could not have approached this court for police protection. The learned Counsel for the appellant, who were respondents 8 and 9 in the Writ Petition submits that there are instances where the civil court impeaches Vicars, who are appointed by Metropolitan. Therefore, it is submitted that when there is a subsisting question regarding authority of a Vicar, writ court cannot decide such question without allowing parties to agitate such a dispute in a civil court. It is submitted that 1st petitioner cannot act as a Vicar of this Church.

6. The writ Court considered the issue at length and found that the Church in question is a constituent Church under the Malankara Orthodox Church. The question is when the authority of a Vicar is questioned, whether the writ court competent to order Police protection or not and whether there is any scope for issuing police protection.

7. In regard to first question, it is to be noted that metropolitan’s authority to appoint a Vicar cannot be questioned. If the metropolitan appoints an incompetent Vicar, that can be questioned before the civil court. Unless appointment itself impeached through the process of law, the Vicar is deemed to be a legally appointed Vicar. In a Police Protection matter, the court is not deciding the legality of the appointment but only considering for the purpose of maintaining a Writ Petition, whether he is competent to the present in Church or not. For that, a de facto authority would be sufficient. If legal authority can be questioned before the civil court, the persons questioning the legal authority are free to do so. Unless and until a competent civil court declares that he is incompetent to hold the office of the Vicar, based on the superior authority of the metropolitan who is competent to appoint such Vicar, the court will have to act for the limited purpose of granting relief of police protection. In that process the court is not acknowledging the legal authority, but only considers whether he is competent to represent a Church to protect its interest or not. Therefore, any person who wants to question or challenge this authority, is free to approach the appropriate forum. We reserve such liberty.

8. In regard to the question regarding granting relief of police protection, a statement has been filed in this matter