Church Dispute Resolved: Supreme Court Upholds K.S. Verghese Judgment

The legal battle between Fr. Issac Mattammel Cor-Episcopa and St. Mary’s Orthodox Syrian Church & Others revolved around the long-standing dispute over the administration of Malankara Church and the enforcement of the Supreme Court’s previous ruling in K.S. Verghese v. St. Peters & St. Pauls Syrian Orthodox Church & Others. The Supreme Court, in its judgment on September 6, 2019, reinforced its earlier decision and directed that no further litigation should take place on the issue.

Background of the Case

The dispute pertained to the control and administration of churches under the Malankara Orthodox Church. The issue had already been settled by the Supreme Court in K.S. Verghese v. St. Peters & St. Pauls Syrian Orthodox Church, reported in (2017) 15 SCC 333. However, despite the ruling, lower courts in Kerala continued to entertain new cases, leading to confusion and non-compliance with the Supreme Court’s binding decision.

The appellant, Fr. Issac Mattammel Cor-Episcopa, challenged an interim order passed by the High Court of Kerala, which he argued was in direct violation of the Supreme Court’s ruling.

Supreme Court’s Observations

The Supreme Court took a strong stance against the High Court’s order, stating:

“It passes comprehension that how the judge has passed the impugned interim order which runs expressly contrary to the decision of this Court in K.S. Verghese… No such interference can be made by any court after the decision has been rendered by this Court in a representative suit which is binding on all concerned.”

The Court emphasized that as per Article 141 of the Indian Constitution, its judgments are binding on all courts, and under Article 144, all civil and judicial authorities must act in aid of the Supreme Court’s rulings. The Court further noted:

“Kerala being Indian territory, all concerned are bound to act accordingly. We have intended peace to come in Church but due to such orders passed in contravention of law laid down by this Court, law can never be obeyed. This amounts to a violation of judgment and order.”

Key Rulings and Directions

The Supreme Court provided the following clear directives:

• The High Court’s order was set aside as it was contrary to the Supreme Court’s binding decision in K.S. Verghese.
• All civil courts and the High Court in Kerala were restrained from passing any orders that violate the Supreme Court’s ruling.
• The Supreme Court stated that the matter had already been settled and there was no scope for further litigation.
• Pending cases regarding this dispute must be decided strictly in line with the Supreme Court’s judgment.
• The Registrar General of the Kerala High Court was directed to submit a report on how many similar cases were still pending in various courts.
• A copy of the Supreme Court’s order was to be circulated to all courts in Kerala to ensure compliance.

Conclusion

The Supreme Court’s ruling reaffirmed its earlier decision and put an end to unnecessary litigation regarding the Malankara Church administration. By setting aside the High Court’s order and instructing all courts in Kerala to follow its binding judgment, the Supreme Court ensured that its ruling remains final and unchallenged, thereby reinforcing judicial discipline and the authority of representative suits.

Petitioner Name: Fr. Issac Mattammel Cor-Episcopa.
Respondent Name: St. Mary’s Orthodox Syrian Church & Others.
Judgment By: Justice Arun Mishra, Justice M.R. Shah.
Place Of Incident: Kerala.
Judgment Date: 06-09-2019.

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