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IN THE HIGH COURT OF KERALA AT ERNAKULAM
T. R. Ravi, J
St. George Orthodox Syrian Church Chelakkara – Appellant
Versus
The Revenue Divisional Officer Thrissur – Respondent
| Table of Content |
|---|
| 1. dispute over administration of church under 1934 constitution. (Para 1 , 2 , 4) |
| 2. civil court's decree overshadows prior executive orders. (Para 3 , 14) |
| 3. administrative actions are limited by civil suit's involvement. (Para 11 , 12 , 17) |
| 4. restoration of possession as determined by civil court. (Para 13 , 15 , 18) |
JUDGMENT
The 1st petitioner claims to be a constituent parish church of Malankara Orthodox Syrian Church governed by 1934 Constitution of Malankara Church. The 2nd petitioner is the Vicar of the 1st petitioner church appointed by Exhibit P1 Kalpana on 20.10.1974. There were disputes between the two factions in the Church. The 1st respondent had initiated M.C.No.23 of 1974 and on 19.06.1974 a preliminary order was passed under Section 144 of the Code of Criminal Procedure (hereinafter referred to as the Code), invoking the jurisdiction under Section 146 (1) of the Code, directing attachment and entrustment of the church building and property to the 2nd respondent as Receiver. The 2nd respondent was directed to take charge of the church, keep it closed, locked and sealed. The Patriarch faction in the 1st petitioner church was A party and the Orthodox fact
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