SANTHOSH MATHAI Vs. VISWAS METHA

JUDGEMENT

(1.) The writ appeal is filed by the Chief Secretary, State of Kerala and other officers of the State Government who are respondents in Contempt Case (c) No.777/2020 in WP(C) No. 33316/2019. The contempt case came to be filed against the appellants alleging non compliance of directions issued by the learned Single Judge in WP(C) No.33316/2019. By judgment dated 18/5/2020 in WP(C) No. 33316/2019, the learned Single Judge directed the police to give effective protection to the petitioners therein to conduct religious services in Mulanthuruthy Marthoma Church as against any obstruction being caused by the party respondents or others. Police was also directed to ensure that the affairs of the management of the church are not being obstructed by the party respondents. It was further observed that if any force was required to take over the management and entrust the same to the petitioners, the same shall also be done by the police.

(2.) In fact, the learned Single Judge had issued the aforesaid direction pursuant to an order dated 25/10/2019 passed by the District Court in IA No.624/2007 in OS No.1/1124(ME).

(3.) During the pendency of the contempt case, by an order dated 29/7/2020, when it was mentioned that the police had not rendered necessary police protection, learned Single Judge directed the District Collector, Ernakulam to take over possession of the church and thereafter the District Collector was directed to take action to hand over the church to the petitioners in consultation with the District Police and render necessary protection to the petitioners for administration of the church. On account of Covid-19 pandemic, the learned Single Judge has given sufficient period to the District Collector to take his own time for deploying the police force.