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2021 Supreme(SC) 994

D.Y.CHANDRACHUD, M.R.SHAH
John Paily – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Cherry Gupta, Adv., Mr. Vishnu Sharma, AOR.

ORDER :

1. The petition under Article 32 of the Constitution is a complete abuse of the process. The reliefs which have been sought in the petition are extracted below :

    “(i) Issue a writ, order or direction in the nature of a mandamus or any other appropriate writ, order or directions, to set up an independent Tribunal comprising of retired High Court judges who can look into the claims of each parish Church to determine which faction/denomination must have control over each such Church.

    (ii) Issue a writ, order or direction in the nature of a mandamus or any other appropriate writ, order or directions, to direct that the decisions of the Independent Tribunal set up in terms of Prayer Clause (i) are executed by handing over of the management of concerned Church to the denomination constituting majority, or in the alternative, direct such Independent Tribunal to partition all disputed Churches and their properties equitably.

    (iii) Issue a writ, order or direction in the nature of mandamus to the State of Kerala for passing an appropriate law to protect the Churches belonging to members of the Patriarch faction/denomination and the exercise of their religious freedom;

    (iv) Issue a writ,

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