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V. P. MARKOSE, S/O. PATHROSE – Appellant
Versus
REV. FR. TIJO KURIAKOSE, S/O P. K. SKARIAH – Respondent
JUDGMENT :
A. Muhamed Mustaque, ACJ.
This appeal was filed by the contesting respondent in a writ petition filed for police protection. A church dispute led to the filing of the writ petition. The writ petition was filed by Vicars and Parishoners of the St.Thomas Orthodox Syrian Church, Mazhuvannoor. They claim right to administer the church in the light of the judgment of the Apex Court in K.S.Varghese v. St.Peter's & Paul's Syrian Orthodox Church and Others [(2017) 15 SCC 333]. Learned Single Judge granted police protection noting that there exists a law and order issue and in order to administer the church, police protection is required.
2. This is a typical police protection remedy sought before this court in the light of the judgment in K.S. Varghese's case (supra). We had dismissed another challenge against the same judgment in W.A. 552/2024. There may not be much issue with regard to existence of vitiating element to disrupt normal order required to be maintained in the church.
3. Learned Senior Counsel appearing for the appellant raised a legal challenge as to the maintainability of the writ petition on the ground that the remedy available to the party is to execute the decr
The court affirmed that police protection is essential in church disputes to uphold law and order, which civil courts cannot effectively manage.
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 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 writ court can grant police protection based on de facto authority of a Vicar unless declared incompetent by a civil court.
The ruling clarifies the power of the court to enforce constitutional rights and maintain order, despite ongoing civil disputes regarding church authority.
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....
The court affirmed the necessity of police intervention to protect religious practices from disruptions.
Police protection under writ jurisdiction requires clear evidence of a law and order threat; civil disputes must be resolved in civil courts, not through police intervention.
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