MOST REV. P.M.A. METROPOLITAN AND ORS. ETC. versus MORAN MAR MARTHOMA MATHEWS AND ANR. ETC.

Citation: [1997] 1 S.C.R. 936 · Decided: 05-02-1997 · Supreme Court of India · Bench: B.P. JEEVAN REDDY, S.C. SEN, S.B. MAJMUDAR · Disposal: Directions issued
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

A 
MOST REV. P.M.A. METROPOLITAN AND ORS. ETC. 
B 
v. 
MORAN MAR MARTHOMA MATHEWS AND ANR. ETC. 
FEBRUARY 5, 1997 
(B.P. JEEVAN REDDY, SUHAS C. SEN, AND 
S.B. MAJMUDAR, JJ.) 
Decree-Drawn on the Judgmelll of Supreme Court-Objected to by 
pai1ies remitted back to Registrar-Decree raised-Again objected by the 
C parties-Directions issued for preparation of decree afresh-Time for conduct-
ing elections to the Association and Diocesan Assemblie:i extended. 
D 
E 
F 
CIVIL AP PELLA TE JURISDICTION : Interlocutory Application 
Nos. 1- 9. 
In 
Civil Appeal Nos. 4958-60 of 1990 Etc. 
From the Judgment and Order dated 1.6.90 of the Kerala High Court 
in A.S. Nos. 331/80, 362/90 and 358 of 1980. 
C.S. Vaidyanathan, Barish N. Salve, F.S. Nariman, Raju 
Ramachandran and T.L.V. Iyer, P.K. Manohar, Roy Abraham, Ms. Baby 
Krishnan, E.M.S. Anam, Ms. Lily Thomas, Ms. K. V. Vijayakumar, P. J. 
Philips, K. V. Mohan, T.G.N. Nair, Ranjit Thomas, Sudarsh Menon and S. 
Balakrishnan for the appearing parties. 
The following Order of the Court was delivered : 
These matters are posted before us for orders with respect to the 
drafting of the decree pursuant to this Court's judgment delivered on 
January 20, 1995. By order dated March 25, 1996, we had requested M5. 
G Man ju Goel, Registrar (Judicial - II) to prepare the decree in the light of 
the judgment aforesaid, after notice to both the parties. The learned 
Registrar had drafted a decree to which both parties filed objections. In 
view of certain contentions raised by the parties, the matter was remitted 
to the said Registrar for revising the draft of the decree. She has accord-
ingly prepared a revised draft decree to which again both parties have 
H filed objections. We have heard the counsel for both the parties and direct 
936 
,,,J.. __ 
-
MOST REV. P.M.A. METROPOLff AN v. MORAN MAR MARrnOMAMATIIEWS 937 
that the decree shall be prepared in the following manner. 
A 
In the first instance, the decree shall set out the ten clauses found in 
Para 142 of the Judgment. 
Then it shall set out the following portions from Para 141 of the 
.Judgment. The first portion in Para 141 starts with the words. "We are, 
however, of the opinion that in this suit no declaration can be granted 
affecting the rights of Parish churches" and ends with the words "any title 
to or control over the properties held by the Parish churches". The second 
portion in Para 141 begins with the words, "In the state of such a pleading 
the only observation" and ends with the words "insofar as the said Constitu-
tion provides for the same". 
The decree shall then set out Para 150 which deals with Kananaya 
church. 
B 
c 
The decree shall then say that the decree passed by the High Court D 
(decree under appeal) shall stand modified to the extent indicated above: 
PART II 
In Part II of the order dated March 25, 1996, the following sentence 
shall be inserted before the last sentence: "The above direction is subject 
E 
to the condition that any and every person claiming to hold any office or 
post in this church shall be bound by and shall swear allegiance to the 1934 
Constitution". 
PART III 
In Part I of the order dated March 25, 1996, we had directed that 
Articles 71 and 46, as drafted by us shall stand substituted in the place of 
the existing Articles 71 and 46 in the 1934 Constitution with effect from 
the date of the said order. In Articles 71 and 46, which were directed to be 
so substituted, an error has crept in. Instead of mentioning "members of 
the Parish Assembly", the word "families." is used. We, therefore, direct 
that wherever the word "family" or "families" occur in the said two Articles, 
as drafted by us, they shall be substituted by the words "member" or 
"members'', as the case may be. It is made clear that when we speak of the 
"members" in the said articles, we refer to members as contemplated by 
F 
G 
and as mentioned in clause (7) of the 1934 Constitution (which deals with H 
938 
SUPREME COURT REPORTS 
[1997] 1 S.C.R. 
A Parish church and Parish Assembly). 
The first Proviso in Article 71 is deleted. 
PART IV 
B 
In view of the aforementioned controversies. it is submitted by the 
counsel for the parties, no elections could so far be held as contemplated 
and d{rected by the Judgment of this Court. In Part I of the order dated 
March 25, 1996, it was directed by this Court that the election of members 
of the Association and the Diocesan Assemblies shall take place within 
three months
Excerpt shown. Read the full judgment & AI analysis in Lexace.