INDIA EVANGELICAL LUTHERAN CHURCH (IELC) AND OTHERS Vs. KERALA STATE POLICE CHIEF, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM AND OTHERS

JUDGEMENT

(1.) First petitioner is the Indian Evangelical Lutheran Church (IELC), Kerala Synod, having its administrative office at Mannamoola, Peroorkada, Thiruvananthapuram. It is stated that the Church is registered as a Charitable and Religious Society under the Societies Act XXI of 1860. The activities of the IELC is spread over the States of Kerala, Karnataka, Tamilnadu and Maharashtra and for the purpose of administration, the Synods are divided into four namely; Ambur Synod, Nagarcoil Synod, Thiruvananthapuram Synod and Kerala Synod. Admittedly, there are some disputes between the Thiruvananthapuram Synod and the Kerala Synod and those disputes were pending before the Munsiffs' Courts, Neyyattinkara and Aattingal. Appeals filed by the Thiruvananthapuram Synod against the judgments of those Munsiffs' Courts were dismissed by the Sub Courts, Neyyattinkara and Aattingal. Thereafter, a Writ Petition was filed by the Thiruvananthapuram Synod to get those judgments set aside. But that too was dismissed as per Ext.P1 judgment. The allegation is that the members of the Thiruvananthapuram Synod and its Corporate School Manager had made attempts to trespass into the School and the local Churches of the Kerala Synod during the last few years. Warnings given by the Police authorities directing them to comply with the prohibitory injunction orders of the Civil Court fell on deaf ears. Another Writ Petition filed by the Manager of Thiruvananthapuram Synod was also dismissed by this Court as per Ext.P2 judgment.

(2.) The second petitioner herein is the Corporate Management of Lutheran Schools, represented by its Convener; and the third petitioner is Anthiyoor Immanuel Lutheran Church, represented by its Secretary. There are several Institutions, including an Open University, functioning under the Kerala Synod. Respondents 13 and 14 are persons claiming to be the member and Manager of the Thiruvananthapuram Synod and they are attempting to encroach into the properties belonging to the petitioners. Complaints were filed before the Police authorities. No action has been taken so far. Hence, the petitioners seek protection by way of a writ of mandamus directing respondents 1 to 8 to provide adequate police protection to the petitioners in their official duties and activities related to worship at the Headquarters of the IELC Kerala Synod and its Corporate School Management at Arch Bishop Palace Lutheran Mission Compound, Mannamoola, Thiruvananthapuram and also at Nilamel Lutheran Mission Compound as well as to let the the Bishops and Arch Bishop at the third petitioner's Church at Anthiyoor, Balaramapuram to perform their religious activities. They also seek that directions may be issued to respondents 1 to 8 to restrain the trespassers from entering into the properties of the petitioners and a direction to the ninth respondent, the Director of Public Instructions, to allow the second petitioner Corporate School Manager to function without any obstruction.

(3.) Additional respondents 10 to 14 were subsequently impleaded. Respondent No. 14 has filed a counter affidavit denying the contentions of the petitioners and even challenging the very existence of the Synod in the name and style "Kerala Synod" for the India Evangelical Lutheran Church and it is stated by him that there are only three Synods, namely Ambur Synod, Nagarcoil Synod and Thiruvananthapuram Synod. It is also stated that the Writ Petition is filed with fraudulent and ulterior motives by the persons impersonating themselves as Office Bearers of a validly constituted Synod. It is submitted that the Writ Petitions filed earlier were dismissed as per Ext.R14(b).