Relavant portions (Conclusion) of the High Court Judgment
- Access the following link for the conclusion of HC judgment.
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.