BASSELIOS THOMAS I CATHOLICOS Vs. THOMAS MAR ATHANASIUS

JUDGEMENT

(1.) The Clergy is in Court. The Bishops are looking up to the Bar and the Bench. The sight is symbolic of the turbulent times that the society is passing through. What is the cause before the Court An appeal against an order of interim injunction.

(2.) An application under O.39 R.1 read with S.151 of the Code of Civil Procedure filed by the plaintiff respondents has been allowed by the First Addl. District Judge, Ernakulam. The sole defendant has been restrained by a temporary injunction order from acting as the Catholicos elect or Bishop and from entering into any of the Parish churches of Malankara Church, administered under 1934 constitution, coming within the Angamaly, Kandanadu and Cochin Dioceses of Malankara Church..... Hence, this appeal by the defendant. A few facts as relevant for the decision of this Civil Miscellaneous Appeal may be briefly noticed.

(3.) The plaintiff respondents filed the suit in their personal capacity as well as representatives of all the members of the Catholicos group of the Malankara Orthodox Syrian Church. The first respondent alleges that he is the Metropolitan of the Chengannur Diocese. The 2nd respondent claims that he is the Metropolitan of the Cochin Diocese. The 3rd respondent is priest of the Malankara Orthodox Syrian Church. It is alleged that the Malankara Church consists of 1064 Parish Churches. These are to be administered under the 1934 Constitution by the Malankara Association. This constitution lays down the procedure for the appointment of Bishops and Metropolitans. The Association has to elect the Bishop. This election has to be approved by the Holy Episcopal Synod. Further steps for consecration etc. are duly laid down. According to the plaintiff respondents, no one can become a Bishop of the Malankara Orthodox Syrian Church unless the procedure prescribed in the 1934 constitution is followed.