HIGH COURT OF KERALA APPELLANT/5TH RESPONDENT IN W.P(C): FR. SEBASTIAN VADAKKUMPADAN AGED 75 YEARS, S/O.LATE V.T THOMAS, (PRO-VICAR GENERAL) ARCH BISHOP'S HOUSE, BROADWAY, ERNAKULAM, KOCHI 682 031 BY ADVS.SRI.VARGHESE C.KURIAKOSE SRI.P.J.JOSE SRI.K.O.MANUEL (KOPRAMB) SMT.SEENU SADIQUE SRI.VINCENT RAPHAEL SRI.V.P.POULOSE RESPONDENTS/RESPONDENTS/PETITIONER & RESPONDENTS NO.1 TO 4 AND 6 IN W.P(C) 5522/2018:
1. SHINE VARGHESE S/O. VARGHESE, AGED 37 YEARS, NJARACKAVELI HOUSE, CHERTHALA P.O, PIN 688 524 MOBILE NO 8281084231
2. STATION HOUSE OFFICER CENTRAL POLICE STATION, ERNAKULAM 682 031
3. THE COMMISSIONER OF POLICE KOCHI CITY,ERNAKULAM, KOCHI 682 031
4. MAR GEORGE ALANCHERRY S/O. LATE PHILIPOSE, AGED 70 MAJOR ARCH BISHOP OF THE SYRO MALABAR CHURCH, ARCH BISHOP HOUSE, BROADWAY, ERNAKULAM 682 031
5. FR.JOSHY PUTHUVA, PRO-VICAR, ST. JOHN'S CHURCH, UNIVERSITY CENTRE, CUSAT,KOCHI 682 032 W.A.No.625/2018 2
6. SAJU VARGHESE(PAN AYRPS8036K) (AADHAAR NO 5274 2282 0711) AGED 39 YEARS, RESIDING AT PADAMUGHAL GOLDEN OAK VILLA, VAZHAKALA VILLAGE, KANAYANNUR TALUK, KAKKANADU P.O, KOCHI 682 030
7. STATE OF KERALA REP. BY ITS SECRETARY, DEPT. OF HOME, TRIVANDRUM 695 001. R2-R3& R7 BY ADV. SRI.SUMAN CHAKRAVARTHY, SR. GOVT.PLEADER R5 BY ADV. SRI.ISSAC M.PERUMPILLIL R5 BY ADV. SRI.JIJO PAUL KALLOOKKARAN R1 BY ADV. SRI.JOBY CYRIAC R1 BY ADV. SRI.B.RAMAN PILLAI (SR.) R6 BY SRI. K.V.SABU R BY ADV.SRI THOMAS GEORGE MEVADA (SR) R BY SRI.AMAL GEORGE R BY SRI.N.A.MURALEEDHARAN R4 BY ADV.SRI JOHN VARGHESE R5 BY ADV.S.RAJEEV THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 3.4.2018 ALONG WITH W.A.No.626/2018 & CONN.CASES,THE COURT ON 22.5.2018 DELIVERED THE FOLLOWING: Antony Dominic, C.J. & Dama Seshadri Naidu, J.
------------------------------------------------------ W.A. Nos.625, 626, 632, 638 & 642 of 2018
------------------------------------------------------ Dated this the 22nd day of May 2018 JUDGMENT Dama Seshadri Naidu, J. Introduction: The LORD saw that the wickedness of man was great in the earth, and that every intention of the thoughts of his heart was only evil continually. Genesis 6:5 Whose wickedness is it any way? We shall see.
1. A Diocese, a district under the pastoral care of a bishop in the Christian Church, combines its spiritual and secular affairs. It decides to sell some of its property. Authorised, a couple of office bearers sells the property, but faces allegations of misappropriation. A few members of the congregation complain: W.A.Nos.625/2018 & conn.cases 2 at least four of them approach either the police or the court. Acting on such complaint, a competent criminal court takes cognizance and decides to try the matter. But others persist with police complaints.
2. When the police allegedly refused to register a crime, they approached this Court. They contend that only police could unravel the crime. A learned Single Judge allows the writ petition; the police act on the judicial directive and register a crime. In the appeal, the aggrieved office bearers question that direction.
3. Can the impugned judgment be sustained? Do the complainants have any efficacious alternative remedies available to them, for the public-law remedy is the last resort in private affairs? Facts in Brief: (a) W.P. (C) No.5522 of 2018
4. Shine Varghese is a member of Ernakulam-Angamaly Arch Diocese, which conducts its affairs, Shine claims, as per the Code of Canons of the Eastern Churches, (b