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2020 Supreme(Online)(KER) 45755

HIGH COURT OF KERALA
A. Muhamed Mustaque, J
ST.GEORGE ORTHODOX SYRIAN CHURCH – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
SRI.K.PAUL KURIAKOSE, SRI.ABRAHAM THOMAS (PUTHURAN), SRI.P.V.ELIAS, SRI.T.H.ABDUL AZEEZ, SRI.K.SHAMEER MOHAMMED, SRI.C.A.NAVAS

J U D G M E N T

This writ petition was filed for police protection to conduct religious services by the second petitioner, Fr. Gheevarghese Kappil in respect of St.George Orthodox Syrian Church, Mudavoor. The petitioners claim that the second petitioner is the vicar, duly appointed in accordance with the 1934 Malankara Church Constitution and obstructions have been caused by the party respondents in conduct of religious services.

2. The first petitioner is the Church. Admittedly, the Church is a constituent Parish Church of the Malankara Orthodox Syrian Church (hereinafter referred to as the “Malankara Church”). This writ petition is one of the series of writ petitions filed for police protection. The dispute is between two factions of the Malankara Church, one representing Patriarch faction and the other representing Catholic faction. The petitioners in this writ petition represent the Catholic faction.

3. The dispute had a chequered history. The dispute is mainly in regard to the control and power of Antioch. The patriarch faction claims spiritual and temporal supremacy of Patriarch of Antioch over the Malankara Church. On the other hand, the Catholics only approved the spiritual su

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