MATHAI VANIYATH Vs. MARTHOMAN CHURCH

JUDGEMENT

(1.) These appeals are filed challenging judgment dated 18/5/2020 in WP(C) No. 33316/2019. Respondents 12 to 14 had filed WA No. 1366/2020 and a third party had filed WA No. 1411/2020 after seeking leave of Court.

(2.) The petitioners in WP(C) No. 33316/2019 had approached this Court seeking for police protection in order to enforce the direction issued by the District Court, Ernakulam in its order dated 25/10/2019 in IA No.624/2007 in OS No.1/1124 M.E. In the said order, it was held at paragraphs 12 to 14 as under

(3.) The contention urged by the appellants in WA No.1366/2020 is that when in the order dated 25/10/2019 in IA No.624/2007 of the District Court, Ernakulam, it was specifically stated that the 1934 Constitution of Malankara Sabha shall govern the administration and management of Marthoman Church, Mulanthuruthy in future, in the absence of a decision by the trustees to entrust the management of the church to a person of their choice, the decision taken by the Metropolitan in its kalpana dated 17/5/2019 is not binding. It is submitted that pursuant to the direction issued by the Court on 25/10/2019, a fresh decision ought to be taken, failing which, the petitioners had no right to seek police protection. That apart, it is contended that, for identical reliefs, a separate petition was filed by the writ petitioners before the Apex Court and since no orders were passed, it is not open for them to challenge it.