Thomas Mar Athanasius - Litigation

Litigation

Soon after Thomas Mar Athanasius Metropolitan took charge as Metropolitan of the Church, Pulikkottil Joseph Mar Dionysious II, made a claim that he and the fellow trustees were the lawful owners of the Church and demanded the possession of the Seminary and control of the assets of the Church. Dionysius filed a case at Alappuzha civil court on 4 March 1879 (O.S.No.439 of 1054).

During the course of this litigation, Metropolitan was asked whether it was possible to take a decision according to the opinion of the majority. Metropolitan answered, “The Episcopal throne of Patriarch was the throne of St. Peter, while the throne of Malankara Church was that of St. Thomas. Malankara Church is as old as the Church in Antioch, equal in status, and both are independent. The land, where the Seminary stands, the funds and the materials were donated by the Government of Travancore to its subjects. So even if the majority agrees, it is not right to take away the land and property from them and give it away to foreigners.”

In the final verdict two of the judges of the Royal court decided in favour of the defendants and Justice Ormsby decided in favour of the plaintiffs. Thus when the verdict was announced on 12 July 1889. Thomas Mar Athanasius Metropolitan lost all the properties claims. The court verdict was only about the Church properties, and it mentioned that the consecration, the authority of Thomas Mar Athanasius as Metropolitan and the properties of the individual parishes were not under the jurisdiction of the court.

Before announcing the verdict Maharaja of Travancore asked the Diwan (chief minister) to convene a meeting of both parties. Representing Metran Kakshi Mar Athanasius Metropolitan and Church trustee Punnathra Chandapillay Kathanar attended while Mar Dionysius and Mr. E.M.Philip represented the Bava Kakshi. Diwan informed them that, “When the verdict is announced one party will lose all their places of worship. So the winning party should allow the other Pulikkottil Joseph Mar Dionysious II, agreed to this reluctantly but Thomas Mar Athanasius refused.