Mandamus letter cannot be used to establish a judicial body
The Apex Court made a remark in the case of John Paily v Kerala StateThis Mandamus deed cannot be issued to provide instructions for the establishment of a judicial body or tribunal.
The bank made this comment while rejecting the petition in writing submitted by the petitioner and others.
In the present petition, the petitioners sought instructions to establish an independent tribunal composed of retired Supreme Court judges to examine the claims of each parish church and determine which denomination should have control over such churches.
The petitioners also sought an instruction to the said tribunal to hand over the leadership of the church concerned to the denomination that would form the majority, or to divide the disputed churches and their property equally.
The petitioners also prayed in front of the court that no judgment should be issued contrary to the beliefs of the petitioners and members of religious denominations. If this were protected under Articles 25 and 26, it could work.
The bank denied the petition, finding that entry 11A of the Concurrent List does not authorize the Supreme Court or the Supreme Court to form such courts. The bank also relied on Articles 245 and 246, stating that it had no authority to issue such instructions under Mandamus.
The bank also made it clear that it cannot give such instruction to the legislature of a state to enact such a law. The bank described this petition as a medium to “abuse the process of justice”.