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Relavant portions (Conclusion) of the High Court Judgment

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  • Thomas Issac
    Access the following link for the conclusion of HC judgment. http://www.geocities.com/malankarav4/news_section_1.htm The same matter is given below:- Below is
    Message 1 of 1 , Jan 28, 2003
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      Access the following link for the conclusion of HC judgment.
      http://www.geocities.com/malankarav4/news_section_1.htm

      The same matter is given below:-

      Below is enclosed the relevant pages (27 & 28) of the High Court
      Judgment dt. 28-January-2003.

      56. In view of the above, it is held that:-

      (1) The rights of the Parish Churches were not determined by the
      Supreme Court in the 1995 decision. Thus, it cannot be said that
      the contesting respondents have no right to manage their
      properties or that the 1st petitioner has any right over the
      Churches which were not parties in the case.

      (2) All the Churches listed in Exh.P-4 having not been impleaded
      as parties, no order affecting the rights of those who are not
      before the court can be passed.

      (3) The Churches had the right to form a separate Association.
      They were also entitled to leave the Malankara Association under
      Arts. 19, 25 and 26. It has not been shown that they had acted
      illegally in doing so.

      (4) Police help cannot be ordered for the mere asking. It
      involves expense for the State. It is not a substitute for
      proceedings before an appropriate authority or court. It can be
      normally granted only when there is clear evidence of an
      existing danger to person or property. In matters involving religious
      institutions, it would be normally inappropriate to order the grant
      police protection unless a clear case for allowing the entry of the
      police is made out.

      (5) Keeping in view the peculiar facts and circumstances as
      noticed above no ground for the issue of a writ of mandamus as
      prayed for by the petitioners is made out.

      Thus, the writ petitions are dismissed. However, the parties are
      left to bear their own costs.
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