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2007 Supreme(SC) 454

S.B.SINHA, MARKANDEY KATJU
MORAN M. BASELIOS MARTHOMA MATHEWS II – Appellant
Versus
STATE OF KERALA – Respondent


Judgment

S.B. SINHA, J.- Dispute between the parties centers round the management of a large number of churches known as “Syrian Churches.”

The present controversy arises in regard to the interpretation of a decision of this Court in Most Rev. P.M.A. Metropolitan v. Moran Mar Marthoma. A writ petition was filed by the appellants herein before the Kerala High Court, praying inter alia, for the following relief’s:

“(a) In the above facts and circumstances of the case this Honble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ, order or directions commanding Respondents 1 to 4 and their subordinates to give effective and adequate police protection to the first petitioner to exercise his rights, duties and privileges as the Catholicos cum Malankara Metropolitan of the Malankara Church with respect to the Parishes mentioned in Exhibit P-4 and institutions of the Malankara Church without any threat or obstruction from Respondents 5 to 13 or their agents or servants in any manner.

(b) To issue a writ of mandamus or any other appropriate writ, order or directions commanding Respondents 1 to 4 to give effective and adequate police protection to the petitio































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