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2025 Supreme(Online)(SC) 111490

SUPREME COURT
Surya Kant, N. Kotiswar Singh, JJ.
Venu V. v. St. Marys Orthodox Church (Odakkali Palli)
C. A. No. ... of 2025



1. Leave granted.

2.These Civil Appeals have emanated from the judgment dated 17/10/2024 passed by a Division Bench of the High Court of Kerala at Ernakulam, in exercise of its appellate powers under S.19(1) of the Contempt of Courts Act, 1971, while examining the legality of an interlocutory order dated 30/08/2024 passed by a learned Single Judge of that High Court in various Contempt Petitions referred to in the opening paragraph of the impugned judgment.

3. There is a checkered history of disputes over the management, control and administration of Churches between two sections of the Christian community. The said controversy has been the subject matter of consideration before this Court, firstly, in K.S. Varghese v. St. Peter's & St. Paul's Syrian Orthodox Church 2017 (15) SCC 333; secondly, in Mathews Mar Koorilos v. M. Pappy 2018 (9) SCC 672 and thereafter again in St. Mary's Orthodox Church v. State 2020 (18) SCC 329.

4. It seems that various Contempt Petitions were filed before the High Court inter alia alleging willful and deliberate breach / disobedience of the directions or declarations made by this Court in the above cited decisions. It further seems that with a view to seek enforcement of the decisions of this Court, writ petitions were also filed before the High Court, in which, directions for the implementation of those judgments are reportedly issued. The aggrieved parties then challenged the order of the learned Single Judge passed in writ jurisdiction in Writ Appeal No. 945 of 2023, which was, however, dismissed by a Division Bench of the High Court vide judgment dated 06.09.2024. The said judgment is now under challenge before this Court in SLP(Civil) No. 29985/2024, in which, notice has been issued separately.

5. Meanwhile, and as noticed earlier, various Contempt Petitions were preferred before the High Court inter alia alleging the disobedience of the directions issued by the High Court in writ jurisdiction with respect to giving effect to the judgments of this Court, cited above. In those Contempt Petitions, a learned Single Judge passed the order dated 30/08/2024 directing suo moto impleadment of the District Collectors and District Police Chiefs of Ernakulam and Palakkad districts and then issued directions to them to take over possession of certain Churches, the details whereof are given by the High Court in Paragraph 2 of the impugned judgment dated 17/10/2024. A further direction has been issued to the Police Authorities to deploy sufficient police personnel to aid the District Collectors for taking physical possession of those Churches.

6. It seems that the District Collectors and the Chief's of the District Police could not give effect to the interlocutory directions issued by the learned Single Judge, which then prompted the High Court to summoning Senior Officers of the State administration. Such an order of the High Court has prompted the Senior serving / former Officers of the State to approach this Court through some of these civil appeals. We may hasten to add that the alleged contemnors too have filed the connected appeals.

7. When the matter came up for hearing at the preliminary stage, the following order was passed by this Court on 25/11/2024:
"1. On the suggestion of the parties, the matters are ordered to be listed on 03/12/2024.
2. The Special Leave Petition(Civil) Nos.27970/2024 and 27971/2024 are ordered to be listed along with these matters.
3. The Special Leave Petition (Civil) Diary No.52818/2024 is also ordered to be listed on the said date, subject to curing of the defects, if any.
4. The Officers of the Government of Kerala, who have been directed to appear in person on 29/11/2024 before the High Court, are exempted from personal appearance.
5. The State Authorities, however, shall submit a proposal along with the modalities to give effect to the directions, issued by the Courts, which have attained finality".

8. On 03/12/2024, thereafter, this Court passed the following order:
"1. H




































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