Church Feud Case: Kerala HC Orally Warns Of Action Against Collectors, Chief Secretary If Possession Of 6 Churches Not Taken Over In A Week

A single judge bench of Justice V G Arun orally cautioned that it may have to summon the Collectors and the State's Chief Secretary if the order is not complied without delay.

The high court orally said, "The takeover of the church must happen in a week. If not, the Chief Secretary and District Collectors might have to spend time in court”. 

The Court said this after the possession of churches was not taken over pursuant to its earlier order of August 30. 

As per the high court's August 30 order the Ernakulam Collector was to take over the possession of the St. Mary's Orthodox Church, Odakkali, St. John's Besphage Orthodox Syrian Church, Pullithanam and St. Thomas Orthodox Syrian Church, Muzhuvannor. In the same order the high court had directed the Palakkad District Collector to take over the possession of St. Mary's Orthodox Church, Mangalam Dam, St. Mary's Orthodox Syrian Church, Erickinchira and St. Thomas Orthodox Syrian Church, Cherukunnam. The Court had then also directed the District Collectors to file reports before it regarding the takeover. It had also directed the District Police Chiefs of Ernakulam and Palakkad respectively to deploy sufficient police personnel to aid the District Collectors.

The Court had directed the Collectors to take possession as the police was unable to follow its earlier order to provide adequate protection so that the vicars and parishioners of the Orthodox faction can perform religious rites in these churches. The order was passed in a civil contempt petition.

The Jacobite and Orthodox factions were formed after the split of Malankara Christians in 1910. By the judgment in K.S. Varghese v St. Peter's and Paul's Syrian Orthodox Church and Others (2017), the Supreme Court had effectively given the Orthodox church the management of the various churches in Kerala.

The State informed the Court that the direction could not be followed as any attempt by the petitioner to enter the church with the help of police was being thwarted by massive agitation led by the Jacobites, including aged men, children and women. They said that any use of force would lead to untoward incidents.

The Court, noting that the police had not formulated a plan to give effect to its judgment even after specific direction, asked the District Collectors to take over possession of the disputed Churches.

Case Title: St. Thomas Orthodox Syrian Church, Cherukunnam v Dr. Venu I.A.S and other Connected Cases

Case No: Con.Case (C) 299/ 20124