LAWS(KER)-2018-1-616

SATHYAN NAGAR CHRISTIAN FELLOWSHIP & ORS. Vs. COMMISSIONER OF POLICE THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM

Decided On January 31, 2018
Sathyan Nagar Christian Fellowship And Ors. Appellant
V/S
Commissioner Of Police Thiruvananthapuram City, Thiruvananthapuram Respondents

JUDGEMENT

(1.) "Sathyan Nagar Christian Fellowship", a registered society, is the 1st petitioner and petitioners 2 and 3 claim to be its President and Secretary respectively. It is submitted that the 3rd petitioner used to regularly conduct a Bible Fellowship meeting since 2006 in the C.S.I. Church, Pappanamcode. However, in the year 2011, the South Kerala Diocese insisted on arranging preachers through them alone for the Fellowship conducted in the C.S.I. Churches. Hence, the 3rd petitioner decided to shift the venue from the Church to an open ground named Sathyan Nagar. Ext.P2 permission was obtained from the Corporation after remitting the requisite fee for use of the ground, and Ext.P3 permission was obtained from the 2nd respondent to use loud speakers.

(2.) Respondents 5 and 6 claim that they have registered another organisation by name "Sathyan Nagar Convention Christian Fellowship" with intention to conduct similar programmes. They filed O.S.No.1643/2017 before the Munsiff's Court, Thiruvananthapuram, the plaint of which is Ext.P4, and obtained an interim injunction vide Ext.P5, prohibiting the petitioners herein from using the name "Sathyan Nagar Convention Christian Fellowship".

(3.) It is also pointed out that the 1st petitioner-society does not bear the name "Convention". The use of the remaining part name being generic in nature, cannot be prevented. The petitioners intend to conduct the Fellowship programme from February 1st to 4th at Sathyan Nagar Stadium. They apprehend that the party respondents may cause obstruction and create nuisance. Hence they seek interference of this Court by issuing a writ of mandamus directing respondents 1 to 4 to provide adequate and sufficient police protection for the smooth functioning of the said Fellowship programme.