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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. NITIN JAMDAR, CJ, MR. JUSTICE S.MANU, J
Gilbert Cheeran S/o. C. M. George – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT
Nitin Jamdar, C.J.
The Petitioner, an advocate, and belonging to Malankara Orthodox Syrian Church, has filed this Public Interest Litigation being aggrieved by the decision of the State of Kerala to send a delegation to attend the consecration ceremony for Jacobite Syrian Christian Bishop Mor Gregorios Joseph, scheduled to be held on 25 March 2025 at Lebanon. The Petitioner seeks to quash Exhibit-P1 order dated 11 March 2025, issued by the Additional Secretary, General Administration (Protocol) Department, Government of Kerala, granting approval, on the ground that it is issued in breach of the orders of the Hon'ble Supreme Court. The Petitioner has also sought declarations regarding the lack of authority of the Patriarch in Lebanon to conduct the ceremony.
2. Respondent No. 1 is the State of Kerala, through the Chief Secretary. Respondent No. 2 is the Secretary, Home Department, who is in charge of law and order. Respondent No. 3 is the Union of India, through the Secretary, Ministry of External Affairs. Respondent No. 4 is the person, who is to be ordained in the consecration ceremony on 25 March 2025.
3. To provide a brief factual backdrop to the Malankara Orthodox and Jaco
Judicial review of policy decisions is limited; no existing order restrains the State from sending a delegation, and disputes over religious authority must be resolved in substantive proceedings.
High Court cannot direct civil takeover of churches in factional disputes; 1934 Constitution binds parish management; police protection for services, not possession enforcement.
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The patriarch has only spiritual authority, lacking jurisdiction over temporal matters related to the Knanaya Samudayam, as affirmed by constitutional precedents.
The impugned order was passed without jurisdiction and in violation of the principles of natural justice, and it infringed upon the Petitioner's fundamental rights under Article 19(1), Articles 25 an....
The Syariah Courts lack jurisdiction to allow renunciation of Islam, reinforcing that such decisions cannot be reviewed by civil courts.
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