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TMI Blog2021 (4) TMI 1349X X X X Extracts X X X X X X X X Extracts X X X X ..... the Petitioners guaranteed under Articles 14, 21, 25 26 of the Constitution of India - protection by Articles 25 and 26 of the Constitution of India - seeking declaration to the effect that Petitioners and members belonging to the same religious denomination have the right to practice and profess their religious beliefs. HELD THAT:- A mandamus cannot be issued by this Court for setting up an adjudicatory body or tribunal. Entry 11A of the Concurrent List of the Seventh Schedule to the Constitution deals with, inter alia, constitution and organization of all courts, except the Supreme Court and the High Courts . Having due regard to the provisions of Articles 245 and 246 of the Constitution, no such mandamus can be issued by this Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich faction/denomination must have control over each such Church. (ii) Issue a writ, order or direction in the nature of a mandamus or any other appropriate writ, order or directions, to direct that the decisions of the Independent Tribunal set up in terms of Prayer Clause (i) are executed by handing over of the management of concerned Church to the denomination constituting majority, or in the alternative, direct such Independent Tribunal to partition all disputed Churches and their properties equitably. (iii) Issue a writ, order or direction in the nature of mandamus to the State of Kerala for passing an appropriate law to protect the Churches belonging to members of the Patriarch faction/denomination and the exercise of their ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the course of the synopsis, the judgment of this Court in K S Varghese vs Saint Peter s and Saint Paul s Syrian Orthodox Church (2017) 15 SCC 333, is the reason for instituting the writ petition under Article 32 since the petitioners consider themselves to be aggrieved by the judgment. The remedy of a party which is aggrieved by a judgment and order of this Court cannot certainly lie by instituting a petition under Article 32 of the Constitution. Such a petition would not be maintainable. We, therefore, decline to grant an adjournment and have come to the conclusion that on the face of the prayers as they stand, the petition cannot be entertained. 3 The Petition is accordingly dismissed. 4 Pending applications, if any, stand di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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