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Showing contexts for: malankara church in Most. Rev. P.M.A. Metropolitan & Ors vs Moran Mar Marthoma & Anr on 20 June, 1995Matching Fragments
With this commenced the second period. It, too, like the first was marked by few important events, which again have played vital role in the destiny of the Syrian Church. The first was the ordination in 1654 of Mar Thoma Mitra as Marthoma I. Its significance lay as he was ordained as Metropolitan of Malankara by the Patriarch of Antioch through his delegate. From 1665 onwards, therefore, the ordination of the Malankara Metropolitan was carried on by the delegate of Patriarch of Antioch. The second important event took place in A.D. 1808 when a trust for charitable purposes was created by the then Malankara Metropolitan Mar Thoma VI (Dionysius the Great) by investing in perpetuity 3000 Star Pagodas (equivalent to Rs.10,500/-) in the British Treasury on interest @ 8% per annum. During this period the Church Mission Society, a missionary society of Protestant with headquarters in London, had come to Malabar and collaborated with the Malankara Church and had jointly acquired some properties. Disputes arose between this Society and the Malankara Church with regard to those properties and also to the beneficial interest arising out of the charitable deposit of 3000 Star Pagodas which were referred to arbitration and were settled by what is known as the `Cochin Award of 1840', which was the third important event of this period. This Award divided the properties between the two bodies allotting among other items 3000 star Pagodas to the Malankara Church. The properties so allotted to the Malankara Church were as per the Award to be administered by the trustees i.e., (1) the Malankara Metropolitan, (2) a priest-trustee and (3) a lay-trustee. The effect of the Cochin Award was that the dispute between the Mission Society and the Syrian Church came to an end. But it appears between 1808 and 1840 vast assets had been acquired with the trust created by Dionysius VI. These were controlled and administered by the person who was the head of the Church. Therefore, even though one Cheppat Dionysius, a locally ordained Metropolitan was in office, one Mathew Athanasius went to Syria in 1840 and got himself ordained as Metropolitan by the Patriarch of Antioch. Thus the seeds of strife were sown.
In paragraph 11 onwards of the Plaint (in Original Suit No.142/74 re-numbered as Original Suit No.4/79 in the High Court) it was averred that the Malankara Church consisted of an aggregate of about 15 lakhs of worshippers worshiping in more than 1000 Parish Churches. A list of churches was appended to the Plaint. It was claimed that each Church founded became a constituent of the Malankara Church a well established religious community administered under the authority of the Malankara Metropolitan. It was claimed that the Parishioners of each Church were entitled to the benefits from the Church and its properties. The Malankara Church was neither a Union with a Federation of Congregational Units but a Church with a unique solidarity derived from apostolic succession and authority of Malankara Metropolitan and the doctrines and creed followed by the Church. It was alleged that the Constitution of 1934 was binding on every Church and the temporal, ecclesiastical and spiritual powers of the administration vested in the Malankara Metropolitan who invariably is a native of Malankara or elected by a group by the community. In paragraph 19 it was averred that defendants were impleaded in their individual capacity and as representatives of Malankara Jacobite Syrian Christian Association. Permission to sue in representative capacity under Order 1 Rule 8 was also sought.
In the written statement filed by different defendants the entire claim of the Catholicos was denied. The averments went to the extent of denying establishment or revival of Catholicate in Malabar. The basic claim was that the Catholicate of East was deputy to the Patriarch of Antioch. It was alleged that Syrian Christian Association formed at the Mulunthuruthy Synod was given the power to take decisions on common matters of the community but it was not vested with any power over the individual Parish Churches or their administration. It was alleged that no Parish Church has surrendered their powers of administration to the said Association. It was claimed that Parish Churches and their properties belonged to the respective Parishioners and the plaintiffs or the hierarchy in the Malankara Church had no manner of right, title, possession or management over these Churches. It was denied that the Parish Churches and other Churches mentioned in the list were constitutents of the Malankara Church and that the Malankara Metropolitan had the authority to administer all those Churches. Written statements were filed. The defendants raised all possible defence even contrary to earlier decision. Different written statements were filed by different defendants including the two, that is, Knanaya Association and Evangelistic Association which were impleaded on their own instance. These averments would indicate that the parties were very much at issue on the question whether Parish Churches were constituents of Malankara Church or not. That is why when applications were filed on behalf of the Parish Churches for being impleaded as party it was rejected and the dispute became final after the High Court held that it was not necessary to implead every Parish Church individually.
It is too late, therefore, to urge that no declaration on the status of Parish Churches be granted. No such objection was taken either before the learned Single Judge or the Division Bench. May be that the 1000 Parish Churches were not impleaded. But it was a representative suit. Then the suit was for a declaration that the Malankara Church was episcopal in character and not a Union of Federation of Autonomous Churches. It was not necessary to impleed every Parish Church as a party. The question whether Malankara Church is episcopal or not had to be decided on the pleading of the plaintiff. The defence raised by the defendants, who were ordained by the Patriarch of Antioch, was that they were the metropolitans and, therefore, entitled to protect the interest of Parish Churches. Moreover the declaration sought is as a matter of law. No factual dispute arises. The suit was filed for enforcement of this right. Once it was found by this Court in 1958 that the Constitution was validly framed the Catholicos could not be denied this declaration. In paragraph 94 of the 1934 Constitution it was provided that, 'the (The) Prime jurisdiction regarding the temporal ecclesiastical and spiritual administration of the Malankara Church is vested in the Malankara Metropolitan subject to the provisions of this constitution'. Whether a particular Parish Church is a member of the Malankara Association is not relevant. Therefore, the submission that the non-impleadment of individual Parishes precluded the court from granting any declaration about the nature and status of Parish Churches, does not appear to be correct.