Courtexperience 23 February 2020

Church society property encroached. improper police action

A group of unknown people entered into a church In the name of worshiping and have encroached the church premises and refusing to leave now. This church is registered and functioning for the past 40 years under the Indian Societies Registration act. This group of unknown people are now claiming that the society under which this church is function is theirs now.

The pastor, who is also the president of this society registered a formal complaint for criminal trespass and has obtained a CSR from the local police station. The police inspector is now asking for all society related papers and scrutinizing the documents including Certificate of Registration, By-Laws, Minutes of meeting, Resolutions etc. He is bent upon scrutinizing only our side of documents all day inspite of knowing that this unknown group has no relevant documents to claim this property and the society. The police has not taken any action against the group of unknown people who have now encroach the church premises. This unknown people have now removed the church name board and replaced another board in its place. They are eating, sleeping and doing all kinds of atrocities inside the church now which is spoiling the peace and serenity of our holy church. Until 9 am yesterday, we had the possession of the church. These people entered at 9 am and are doing all activities which is disturbing the serenity of our holy church. Police is not taking any action to evict them inspite of seeing all this. We are unable to conduct church service today (Sunday) because of this issue.

Here are my questions

Does the Inspector of Police have rights to scrutinize Church / Society related papers like Certificate of Registration, By-Laws, Minutes of meeting, Resolutions etc. Do they have the right to do that?
Police are not taking any action to evict them inspite of complaining and obtaining a CSR for criminal trespass. Instead they are asking us to show all documents but not asking them any. How do take action on this
What are the legal remedies available to us to secure the church premises again?

Reply Follow

1 Replies

Nandini Warrier 11 January 2021

Good evening,

This situation will fall under Trespass, and this is actionable, and the plaintiff doesn't have prove the damage caused by action of trespass.

The police officers, if they were called to arrest the trespasser(s), and they decided to look at, or ask for certain documents, it is an act of misfeasance, and if they are omitting to do the actual lawful purpose, it is considered nonfeasance.

There are remedies-

You can use REASONABLE force to get the trespasser(s) out of the land.

Under Section 6, specific relief Act, you can also file a suit to get the trespasser(s) evicted.

Hope this helped.

Regards,

Nandini.