Kerala High Court refuses to pass directions allowing Sister Lucy Kalappura to continue staying at convent

The Kerala High Court on Thursday dismissed the petition filed by Sister Lucy Kalappura seeking police protection to continue residing at the convent that she had been evicted from (Sr Lucy Kalappura v. State of Kerala)..Single-judge Justice Raja Vijayaraghavan V declined to issues any directions on whether she can continue staying at the convent premises as there is a civil suit pending before the Munsif Court at Mananthavady demanding a stay on the decision of the congregation to oust her from the convent. ."I am of the view that in the interest of justice, it would be appropriate for the learned Munsiff to hear the interlocutory application and take a decision expeditiously. If either of the parties moves the jurisdictional Munsiff within a period of one week from the date of receipt of a copy of the judgment, the interim application shall be heard and disposed of within a further period of three weeks," the order stated..The Court was also not persuaded to order police protection to enable her to stay at the convent as there is a catena of decisions by the Supreme Court and the Kerala High Court wherein it was held that in matters involving civil rights, or disputes regarding title and possession over property, it would not be proper for the Court to invoke the extraordinary powers under Article 226 of the Constitution and order police protection. .The Court further observed, "It is also trite that the special remedy provided under Article 226 of the Constitution of India is not intended to supersede completely the modes of obtaining reliefs by an action in a civil court or to deny defences legitimately open in such actions. The police will have no authority to adjudicate on such disputes nor would it be proper for them to do so. Since the matter is in seisin of the civil court, it would not be proper for this Court to enter into a finding with regard to the right of the petitioner to reside in the convent as requested by the petitioner or to order her eviction as sought for by the party respondents"..Sister Lucy had been evicted from the Franciscan Clarist Convent in Karamakkala after she levelled allegations of immorality against the Vicar and the Mother Superior. .During the previous hearing of the case, Sister Lucy, appearing in-person, had repeatedly requested the Court to allow her to continue residing at the Convent despite her eviction that had been upheld by a decretum issued by Supremum Tribunal Signaturae Apostolicae (the highest judicial authority in the Catholic Church)..Justice Vijayaraghavan had reserved orders in the matter while orally observing that since she had made serious accusations against the Vicar, it would be better for her own safety to reside outside the Convent where the Court could order police protection for her. ."I am a nun fighting for justice, do not throw me to the mercy of the streets:" Sister Lucy Kalappura argues her own case at Kerala High Court.He reiterated this statement in the order passed today and stated that if Sister Lucy is residing anywhere other than the convent and she approaches law enforcement authorities with any complaints, such authorities shall ascertain the truthfulness of the allegations and provide adequate protection..[Read Order]