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"It is incorrect to say that the defendant
church is a parish church coming under the
Malankara Sabha. The church is a parish
church under the Angamaly Diocese of
Jacobite Syrian Church. Its Parishioners
believe in the spiritual supremacy of the
Patriarch of Antioch and accept only those
religious dignitaries who are loyal to him. The
Church was established by the people of
locality in the year 1942 for the conduct of
religious services in accordance with the
fundamental faith of Jacobite christians. The
church and its parishioners believe that the
spiritual grace emnating from the Patriarch of
Antioch seated at the Throne of St.Peter. The
religious dignitaries under the 1934
Constitution are not loyal and obedient tot he
Patriarch and therefore, they are not
acceptable to the parishioners. The defendant
church is represented by two trustees elected
as per its own constitution adopted and
approved on 27.03.1994 which is in
consonance with the basic faith stated above.
The church is situated in an extent of 1 acre
donated by Vattakkavil family for conduct of
religious services in accordance with the
Jacobite Syrian faith. The Church was
consecrated by H.G.Thomas Mar Dionysious
on 10.02.1999 with the participation and
involvement of other Metropolitans of Jacobite
church. In the PMA Metropolitans case, the
Apex Court has not decided the rights of
individual parish churches. It is incorrect to
say that defendant church is liable to be
managed and administered under the 1934
Constitution of Malankara Sabha. The
plaintiff who was deviated from the approved
faith, canon and custom of the church is not
entitled to be a parishioner of it. The
plaintiff was expelled from the membership of
the Parish in compliance with the procedure
under the 1994 Constitution of the church.
Since the plaintiff has been expelled from the
church membership, he is not entitled to
receive any holy sacraments or benefits from
the church. In the light of the same, the
reliefs prayed by the plaintiff cannot be
allowed."