Back
FR. ELDHOSE MOLEKUDIYIL – Appellant
Versus
REV. FR. TIJO KURIAKOSE, S/O. P. K. SCARIAH – Respondent
JUDGMENT :
(A. Muhamed Mustaque, J.)
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
The writ court can grant police protection based on de facto authority of a Vicar unless declared incompetent by a civil court.
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.
The court affirmed that police protection is necessary to uphold the rule of law in cases of disobedience to judicial decisions, particularly in church disputes.
The court affirmed that police protection is essential in church disputes to uphold law and order, which civil courts cannot effectively manage.
The ruling clarifies the power of the court to enforce constitutional rights and maintain order, despite ongoing civil disputes regarding church authority.
The court affirmed the necessity of police intervention to protect religious practices from disruptions.
Execution of order – Police protection - Once an order is passed by a court of law, that is binding to all concerned, and the District Administration and the police department are duty bound to imple....
Police protection cannot be granted for disputed civil rights; such matters must be resolved through competent civil courts.
Court dismissed the writ petition for police protection based on the Government's assurance of no law and order issues, reserving future action rights for the petitioner.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
