MAR KOORILOS (DEAD) AND ANR. ETC. versus M. PAPPY (DEAD) AND ANOTHER ETC.

Citation: [2018] 10 S.C.R. 848 · Decided: 28-08-2018 · Supreme Court of India · Bench: RANJAN GOGOI · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2018] 10 S.C.R.
MATHEWS MAR KOORILOS (DEAD) AND ANR. ETC.
v.
M. PAPPY (DEAD) AND ANOTHER ETC.
(Civil Appeal Nos. 6263-6265 of 2001)
AUGUST 28, 2018
[RANJAN GOGOI,  R. BANUMATHI AND
NAVIN SINHA, JJ.]
Church: Suit filed by appellant no.1/Metropolitan of Quilon
Diocese of the Malankara Orthodox Syrian Church and appellant
no.2/Vicar appointed by him for St.Mary’s Church against the
Parishioners of the Church prayed for declaration that the Quilon
Metropolitan and the Vicars appointed by him have exclusive right
to conduct religious services in the plaint Church and Cemetery
and prayed for prohibitory injunction restraining the defendants
and others who do not obey the plaintiffs-appellants from entering
the plaint church and plaint scheduled properties – Case of
appellants was based on Ext A3-assignment-cum-gift deed assigned
in their favour – Trial court held in favour of appellants declaring
that the appellants have right to conduct religious services in the
plaint church and cemetery and granted permanent injunction
restraining respondents-defendants and persons who do not obey
the appellants from entering the church and conducting religious
services and obstructing others who obey the appellants – Single
judge of High Court upheld the decision of trial court – However,
Division Bench of High Court set aside the judgment of single judge
inter alia holding that though the title of properties vested with the
Quilon Diocese, the properties including church, cemetery etc. under
Ext. A3 were still in the control and management of the parishioners
– On appeal, Held: The detailed discussions and conclusions arrived
at in K.S. Varghese case had settled the disputes between the
Patriarch and the Malankara – As per the Constitutional Bench
decision in Thukalan and P.M.A, St. Mary’s Church was bound by
1934 Constitution and the control of the Metropolitan – Having
held that the 1934 Constitution is binding upon the Parish Church
and Parishioners, Division Bench was not right in holding that the
Metropolitan had no power to appoint Vicar, Priests etc. – It is not
open to any individual church to have a parallel system of
848
[2018] 10 S.C.R. 848
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management in the churches under the guise of spiritual supremacy
in the Patriarch – Malankara Metropolitan enjoys all the temporal,
ecclesiastical and spiritual administrative powers – St. Mary’s Church
is a constituent of Malankara and the power to appoint Vicar, Priests
etc. is vested with the first plaintiff-Malankara Metropolitan or his
representatives – The finding of the Division Bench that the
Metropolitan had no authority to appoint a Vicar is directly opposed
to the provisions of the 1934 Constitution and also recitals in Ext.-
A3-Sale-cum-Gift Deed and number of other documents adduced
by the appellants – Constitution of India – Arts.25 and 26.
Allowing the appeals, the Court
HELD: 1. The detailed discussions and conclusions arrived
at in K.S. Varghese case settles the disputes between the appellant
Patriarch and the respondents Malankara.  1934 Constitution is
valid and binding upon the Parishioners. The Parish Church has
to be managed as per the powers conferred under the 1934
Constitution. It is not open to any individual church to have a
parallel system of management in the churches under the guise
of spiritual supremacy in the Patriarch. As per the consistent
findings in the judgments referred, the prime jurisdiction with
respect to the temporal, ecclesiastical and spiritual administration
of the Malankara Church is vested with Malankara Metropolitan
and other authorities appointed by Malankara Metropolitan.
Malankara Metropolitan enjoys all the temporal, ecclesiastical
and spiritual administrative powers. As held in K.S. Varghese case,
“Full effect has to be given to the finding that the spiritual power of
the Patriarch has reached to a vanishing point. Consequently, he
cannot interfere in the governance of parish churches by appointing
Vicar, priests, Deacons, Prelates (High Priests), etc. and thereby
cannot create a parallel system of administration. …….”.
[Paras 15, 16] [863-F; 864-A-D]
K.S. Varghese and others v. Saint Peter’s and Saint
Paul’s Syrian Orthodox Church and others (2017) 15
SCC 333 – relied on.
2. The present matter relates to the Parish Church-St.
Mary’s Church, Kattachira. Ext.-A3-Sale-cum-Gift Deed was
executed in favour of Metropolitan of Quilon Diocese. Ext.-A3
provided that the Metropol

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