HIS HOLINESS MORAN MAR BASELIOS Vs. STATE OF KERALA
LAWS(KER)-2003-1-69
HIGH COURT OF KERALA
Decided on January 28,2003

HIS HOLINESS MORAN MAR BASELIOS Appellant
VERSUS
STATE OF KERALA Respondents

JUDGEMENT

- (1.) In the year 1880, the Maha Raja of Travancore had described the Syrian Christians as the very embodiment of antiquity and historical association, and the vary model of contentment, peacefulness and loyalty. Today, as even on earlier occasion, they are in court. The petitioners have filed this petition with the prayer that the State and its authorities be directed to give effective and adequate police protection so as to enable the first petitioner to exercise his rights, duties and privileges as the Catholicos cum- Malankara Metropolitan of Malankara Church with respect to the parishes mentioned in Ext. P4 and institutions of the Malankara Church without any threat or obstruction from respondents.. or their agents or servants in any manner. The suggestion of the Bench for an amicable settlement having not been found to be feasible, we have heard the cases. Learned Counsel for the parties has broadly referred to the pleadings in O. P. No. 22946 of 2002. These may be briefly noticed.
(2.) The Malankara Orthodox Syrian Church is the second largest Christian community in Kerala. There were disputes amongst the members of the community. There were several rounds of litigation. Each time the Apex Court decided the dispute. The decisions are reported in Edgar Sammut v. Strickland (AIR 1939 PC 39), Most Rev. P.M.A. Metropolitan v. Moran Mar Marthoma (AIR 1995 Sc 2001), Most Rev. P.M.A. Metropolitan v. Moran Mar Marthoma Mathews (AIR 1996 SC 3121) and Most Rev. P.M.A. Metropolitan v. Moran Mar Marthoma Mathews (AIR 1997 SC 1035.) Suit no. 4 of 1979 was one of the many suits, which have been filed in court. In the year 1980, a learned single judge had dismissed the suit. However the division bench had accepted the appeal and decreed the suit.
(3.) The fifth respondent in the present proceedings was a defendant in the suit. He challenged the judgment of the High Court in Civil Appeal Nos. 4958-60 of 1990. The Supreme Court decided the matter vide its judgments reported in AIR 1995 SC 2001 and AIR 1997 SC 1034. The judgment of the High Court was partly modified.;


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