BELIEVERS CHURCH INDIA Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner, Believers Church India, Thiruvalla, has come to this Court seeking issue of directions under Article 226 of the Constitution of India to respondents 1 to 4 - all police officials, to afford protection to the petitioner to possess and enjoy the church and to prevent illegal obstruction to the entry of the petitioner and other believers into the church.

(2.) ACCORDING to the petitioner, the 5th respondent was earlier employed by the Church as a priest in the very same church. Later on he was transferred out of that church. He went out of the church. But later he has returned to cause obstruction to the activities of the church. With the support of respondents 4 to 9, he is causing illegal obstruction to the proper functioning of the church. The petitioner was obliged to go to the civil court and Ext.R5(d) interim order of injunction has been passed in favour of the petitioner. But ignoring that order, respondents 5 to 9 are causing obstruction to the conduct of the activities of the church. Appropriate directions may be issued under Article 226 of the Constitution to afford protection to the petitioner, it is prayed.

(3.) WE have considered all the relevant inputs. WE find merit in the stand taken by the learned Government Pleader. The petitioner, it is seen, has secured Ext.R5(d) interim order from the civil court. If there be any violation of the said order, it is for the petitioner to complain to the civil court and seek appropriate further orders from the civil court. At any rate, we are not persuaded to agree that the extra ordinary constitutional jurisdiction of this Court under Article 226 can, need or deserves to be invoked in this matter.