HOLY FAMILY CHURCH Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner claiming to be secretary of the Executive Committee of Holy Family Church at Carmel Nagar, Ramanpudur, Nagercoil, seeking for a direction to the respondents 1 to 3 to forbear the respondents 4 & 5 in any way harassing or interfering with the administration and autonomy of the petitioner-church at the instance of the sixth respondent.

(2.) THE grievance of the petitioner is that the petitioner-church was formed in the year 1944 by the people of the Carmel Nagar locality for their religious worship. It is one of the ancient Catholic Churches in the Kanyakumari District. The Church was built up by the members of the Catholic faith of the Ramanpudur Village. It possess many properties including fish market, community halls, coconut forms and a cemetery, apart from the church building and the lands surrounding it. Right from the beginning, the properties of the church were administered by the Executive Committee constituted as per the by-law of the church and it is run by the Holy Family Church Trust. Apart from the Executive Committee, the people of the locality have formed Parish General Body, which has the power of administration and other powers over the Executive Committee. The Executive Committee is headed by the President and elected by the other members of the Committee and it is appointed for a period of one year by the General Body. Every member of the church committee has to pay certain amount and it will be used for the church committee. The church being a Catholic church is provided with a priest by the Kottar Raoman Catholic Diocese, who is paid salary by the Executive Committee. Since the church has been formed by the Catholic public of the Caramel Nagar locality, it is not governed by the cannon law governing the churches under the diocese (Diocesan Churches). The church and its Executive Committee are separate entities.

(3.) THE office bearers of the church filed writ petitions in W.P.Nos.499 & 518 of 2004 before this Court seeking to restrain the police from interfering with the administration of the church. This Court by an order dated 13.08.2012 held that all affairs should wait the outcome of the order in I.A.No.359 of 2004 in O.S.No.95 of 2004 and the learned Sub-Judge was directed to dispose of the suit. It was also directed that there will not be any hindrance for the petitioner-church to conduct the prayers at the behest of the priest appointed by the R.C.Bishop, Kottar, Nagercoil.