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2017 Supreme(Online)(SC) 1648

SUPREME COURT
*Arun Mishra, Amitava Roy, JJ.
Varghese K. S. and Others v. St. Peter's & Paul's Syrian Orth. and Others
C. A. No. 3674, 3681, 3682, 3683, 8790, 8789 of 2015, 5408, 5409, 5410, 5411 of 2017



1. The appeals relating to Kolencherry Church have been filed against judgment and decree passed by the High Court of Kerala on 04/10/2013 in Regular First Appeal and against order passed in Review application arising out of Suit No.43 of 2006 and Suit No.47 of 2006 by the District Judge on 11/04/2014. The Patriarch faction filed suit No.43 of 2006 to declare that the defendant No.1 (D - 1) Church, its assets, including the educational institutions are liable to be administered only in accordance with Udampady executed on 30/12/2013. Prayer was also made to settle a scheme for administration of the church and its assets, to appoint a Receiver, conduct elections after preparing proper voters list irrespective of their factional affiliations and to entrust management to them. Permanent injunction be issued against 3rd defendant restraining him from receiving the key of the church.

2. With respect to Varikoli Church the appeals have been preferred as against judgment and decree dated 21/08/2015 passed in Regular First Appeal by the High Court of Kerala arising out of O. S. No.10 of 2003. O.S. No.10 of 2003 had been filed by the Catholics group in which prayer had been made to declare that the church is governed by the 1934 Constitution as upheld by the Supreme Court and defendant Nos.2 and 3 have no right to claim the status of trustees of the church. Permanent prohibitory injunction to restraint defendant Nos.2 and 3 from functioning as trustees of the church had been prayed in addition to mandatory injunction directing defendant No. 4 to call for immediate pothuyogam of D - 1 church and to hold election of new Managing Committee including Trustees and Secretary in accordance with the 1934 Constitution. Counter claim was also raised by impleaded defendant Nos.13 to 15 to cause a referendum to ascertain the allegiance of the Parishioners of the church; to declare that the church and its assets are to be governed in accordance with the faith and will professed by majority of the Parishioners of the church; to pass a final decree declaring that church and its assets be administered in accordance with the decision of majority of the Parishioners; and permanent injunction restraining the third defendant, agents and religious dignitaries and those who are not accepting spiritual supremacy of Patriarch of Antioch and all the East.

3. With respect to Mannathur Church the appeals have been preferred against judgment and decree dated 20/05/2015 passed by the High Court of Kerala in R.F.A. No.320 of 2014 arising out of O.S. No.41 of 2003 filed by the Catholicos faction to declare that the church is administered by 1934 Constitution. Further declaration that defendant Nos.3 to 5 had no right or authority to act as its trustees, permanent prohibitory injunction against them for functioning as trustees, direction be issued to defendant No.2 to call general body for holding elections. Injunction had also been prayed against changing name of the church.

4. It appears that there is perpetual fight for managing the affairs of Malankara Church between the Patriarch faction and the Catholicos faction for control of spiritual and temporal management of affairs of the Parish Church. Malankara Church is division of the Orthodox Syrian Church. Before coming to dispute it is necessary to consider historical matrix. The Malankara church was founded by St. Thomas, the Apostle, and is included in the Orthodox Syrian Church of the East. The prophet of the Syrian Church is the Patriarch of Antioch whereas the Primate of the Syrian Church of the East is the Catholicos. The Malankara Church was earlier known as the Malankara Orthodox Syrian Church. Its misnomer was the Jacobite church. The approved Canon of the Church is the Hudaya Canon written by Bar Hebraeus printed in Paris in the year 1898. In 52 A.D. St. Thomas came to Malabar to spread his message. Between 325 and 628 AD at the first General Meeting held at Nicea in 325 AD, four Parishioners were establ






























































































































































































































































































































































































































































































































































































































































































































































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