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Shaffique, J This writ petition has been filed seeking police protection on the allegation that petitioners, who are appointed as the Vicar and the Assistant Vicar of St.Mary's Church, Odakkali, are not being permitted by respondents 5 to 7 and their men in performing their religious and other duties in the Church.

2. Petitioners submit that they were appointed by the Metropolitan of Angamali Diocese as per proceedings dated 01/10/2014 and 11/01/2010 respectively. The power has been exercised in terms of Clause 40 of the 1934 Constitution of the Malankara church. It is stated that a faction of Malankara Christians broke away in the year 1973 defying the 1934 Constitution and challenging the authority of the Catholicos who is the spiritual head. Their faction is known as Jacobites. The factional dispute had resulted in various issues and ultimately by judgment of the Apex Court in Most.Rev.P.M.A.Metropolitan and others v. Moran Mar Marthoma and Others (AIR 1995 Supreme Court 2001), it was declared that Malankara Christians are bound by the 1934 Constitution. In terms of the said Constitution, only the priests validly appointed by the concerned Metropolitan can perform religious ceremonies in the Churches. It is stated that O.S.No.46/1977 came to be filed before the District Court Ernakulam defying the 1934 constitution under the Metropolitan of Angamali Diocese. The said suit was dismissed as per the judgment dated 06/01/1998. Ext.P3 is copy of the said judgment. According to the petitioners, it was clearly observed that the consent of the plaintiff was not a pre-requisite for conducting religious ceremonies for the parishioners of the Church. The matter was carried before this Court by filing an appeal as A.S.No.665/1998. The appeal was dismissed upholding Ext.P3 judgment and based on 1934 Constitution. Ext.P4 is the said judgment which, according to the petitioners, is in tune with the judgment of the Apex Court. According to the petitioners, they alone have the right to manage the religious affairs in St.Mary's Church, Odakkaly and obstruction was being created by the private respondents. Complaints were given to the police for necessary assistance, and though Police had taken cases against the petitioners, so far, no action has been taken to provide necessary police protection. Petitioners submit that certain festival is to be conducted in the Church which is being obstructed and hence they have approached this Court seeking necessary police protection.

3. Counter affidavit is filed by the 5th respondent in which it is stated that St.Marys Jacobite Church, Odakkali was established by the Jacobite Syrian Christians of Odakkali for conducting religious services and functions in accordance with the traditions of Malankara Catholic Syrian Christians which follows the Apostolic Throne of St.Peter at Antioch in Syria. It is stated that the petitioners have no manner of right or interest to interfere in the affairs and administration of St.Mary's Church, Odakkali or its properties. It is stated that the Church and its properties belong to the parishioners of the Church and not to any Metropolitan or to the Catholicos at Kottayam. It is further stated that two civil litigations are pending between the Orthodox and Jacobite factions namely O.S.No.12/2010 which is filed by the Jacobite faction after obtaining sanction of Court under Section 92 of the Civil Procedure Code and O.P.No.46/2015 pending before the Addl.District Court, North Paravur filed by the Orthodox faction to declare their right and interest in the Church after seeking leave of this Court. It is stated that O.S.40/1977 was filed by the Orthodox faction seeking for declaration and possession of the Church and its properties. The suit was dismissed as per judgment dated 12/10/2015 in A.S.No.117/1995. It is contended that an application I.A.No.117/2015 has been filed before the Civil Court in O.S.No.12/2010 seeking for temporary injunction and seeking police protection to conduct the 'Kallittaperunal' on 12/02/2015. The Jacobite faction had opposed the said application and the same was withdrawn and thereafter the petitioners have approached this Court. In respect of O.S.No.46/1977, it is stated that it was only a suit for injunction and right in respect of the Church has not been considered in a civil suit.

6. Petitioners have filed reply affidavit to the counter affidavits filed.

7. Heard Sri.George Thomas Mevada, learned senior counsel for the petitioners, Sri.R.D.Shenoy, learned Counsel appearing for the 6th respondent and Sri.N.Sukumaran, learned counsel appearing on behalf of the 7th respondent and Sri.C.R.Syamkumar appearing on behalf of official respondents.

8. It was argued on behalf of the petitioners that their right to manage the Church properties has already been concluded by adoption of 1934 Constitution and a different view cannot be taken by the Jacobite faction. Learned counsel also placed reliance on the affidavits filed by the appellants in A.S.No.117/1998 wherein they have declared that they shall be bound by the 1934 constitution as amended and accepted as per the judgment of the Supreme Court in Most.Rev.P.M.A.Metropolitan and others v. Moran Mar Marthoma and Others [AIR 1995 SC 2001] and clarified in AIR 1996 SC 3126 and AIR 1997 SC 1035. Once all the parties have proclaimed allegiance to the 1934 Constitution they cannot take a different approach in the matter. It is argued that the stand now taken is totally contrary to the stand taken earlier to the matter. Learned counsel argued that when the rights of parties have been finally settled by the Apex Court, there cannot be any dispute regarding the fact that the Malankara Diocese is in control of the entire Church and has the right to conduct the rituals in the Church, which cannot be obstructed by any person. Merely for the reason that certain suits are pending, does not indicate that the duly appointed Vicars cannot perform the religious rituals in the Church. As far as the claim of the Jacobite faction has been rejected by the Supreme Court, a different view cannot be taken. It is stated that unnecessary disputes are being raised in the Civil Court and unless appropriate directions are issued by this Court directing the police to interfere in the matter, the religious functions will be held up.

C. Directing accounts and enquiries. D. Directing respondents 2 to 6 to pay the cost of the suit.
E. Granting such other reliefs as may prayed and deemed necessary for the ends of justice in accordance with Sec.92(1)(h)."

That apart, O.S.No.12/2010 is pending consideration before the District Court, Ernakulam wherein the reliefs sought for are as under:

"1. Declare that the Odakkaly St.Mary's Church is a parish church of the Jacobite Syrian Church associated to the Jacobite Syrian Christian Association administered by its Constitution adopted in the meeting of the Jacobite Syrian Christian Association held on 6.7.2002, by plaintiffs 1 to 3 and their successors in office,