LAWS(KER)-2012-12-213

ST GEORGE SYRIAN CHURCH Vs. REVENUE DIVISIONAL OFFICER

Decided On December 14, 2012
St George Syrian Church Appellant
V/S
REVENUE DIVISIONAL OFFICER Respondents

JUDGEMENT

(1.) A Church represented by its Vicar, has filed the above writ petition for issue of a writ of mandamus or any other appropriate writ/order/direction to direct the respondent to finalise the proceedings initiated by him under Section 145(1) of the Code of Criminal Procedure, for short, the 'Code' in a time bound manner.

(2.) Criminal M.C. is filed by the opposite party in the proceedings under Section 145 of the Code initiated by the Sub-Divisional Magistrate, in which, quashing of such proceedings and orders passed by Magistrate Annexures-I and J -are canvassed of in exercise of the inherent powers of this Court under Section 482 of the Code.

(3.) Disputes between two sects over the affairs and administration of a Church admittedly gave rise to registration of some police cases and report filed before the Sub-Divisional Magistrate, Muvattupuzha that such disputes concerning the Church and its properties are likely to cause breach of peace. The Sub-Divisional Magistrate convened a meeting of all the warring parties and also the police to resolve the disputes. No resolution could be brought out and being satisfied that disputes between the parties connected with the affairs of the Church are likely to cause breach of peace, proceedings under Section 145 of the Code were initiated, in which, orders were issued to lock the Church and Chapel. Annexures-I and J produced in the Criminal M.C. are the two orders passed by the executive magistrate for locking the Church and Chapel.