MARKOSE Vs. REV. FR. TIJO KURIAKOSE

JUDGEMENT

(1.) 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 and 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 decree rather than approaching this court in writ jurisdiction.