Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Church: Suit filed by appellant no.1/Metropolitan of Quilon Diocese of the Malankara Orthodox |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Church: Suit filed by appellant no.1/Metropolitan of QuilonDiocese of the Malankara Orthodox Syrian Church and appellantno.2/Vicar appointed by him for St.Mary’s Church against theParishioners of the Church prayed for declaration that the QuilonMetropolitan and the Vicars appointed by him have exclusive rightto conduct religious services in the plaint Church and Cemeteryand prayed for prohibitory injunction restraining the defendantsand others who do not obey the plaintiffs-appellants from enteringthe plaint church and plaint scheduled properties – Case ofappellants was based on Ext A3-assignment-cum-gift deed assignedin their favour – Trial court held in favour of appellants declaringthat the appellants have right to conduct religious services in theplaint church and cemetery and granted permanent injunctionrestraining respondents-defendants and persons who do not obeythe appellants from entering the church and conducting religiousservices and obstructing others who obey the appellants – Singlejudge of High Court upheld the decision of trial court – However,Division Bench of High Court set aside the judgment of single judgeinter alia holding that though the title of properties vested with theQuilon Diocese, the properties including church, cemetery etc. underExt. A3 were still in the control and management of the parishioners– On appeal, Held: The detailed discussions and conclusions arrivedat in K.S. Varghese case had settled the disputes between thePatriarch and the Malankara – As per the Constitutional Benchdecision in Thukalan and P.M.A, St. Mary’s Church was bound by1934 Constitution and the control of the Metropolitan – Havingheld that the 1934 Constitution is binding upon the Parish Churchand Parishioners, Division Bench was not right in holding that theMetropolitan had no power to appoint Vicar, Priests etc. – It is notopen to any individual church to have a parallel system of management in the churches under the guise of spiritual supremacyin the Patriarch – Malankara Metropolitan enjoys all the temporal,ecclesiastical and spiritual administrative powers – St. Mary’s Churchis a constituent of Malankara and the power to appoint Vicar, Priestsetc. is vested with the first plaintiff-Malankara Metropolitan or hisrepresentatives – The finding of the Division Bench that theMetropolitan had no authority to appoint a Vicar is directly opposedto the provisions of the 1934 Constitution and also recitals in Ext.-A3-Sale-cum-Gift Deed and number of other documents adducedby the appellants – Constitution of India – Arts.25 and 26. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 750 |
Petitioner | Mathews Mar Koorilos (dead) And Anr. Etc. |
Respondent | M.pappy (dead) And Another Etc. |
SCR | [2018] 10 S.C.R. 848 |
Judgement Date | 2018-08-28 |
Case Number | 6263-6265 |
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