Church Feud: Kerala High Court Dismisses Appeal Against Order Directing District Collectors To Take Over Specified Churches
The Kerala High Court has dismissed the appeals filed challenging a single bench order directing the Collectors of Ernakulam and Palakkad districts to take over possession of six churches involved in the Orthodox – Jacobite faction feud.
The Division Bench of Justice Anil K. Narendran and Justice P. G. Ajithkumar, pronouncing their order in open court said, 'the appeals are dismissed'. Detailed Judgment is awaited.
The single-judge had asked 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 State had 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.
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 appellants had argued that the court could not have given a direction to the Collectors to take over the church in a contempt petition, as the purpose of contempt jurisdiciton is to see that orders of the Court are respected. They submitted that the Court could only punish or frame charges for violation of its orders.
They also argued that the K. S. Varghese judgment only handed over the administration of churches to Orthodox faction and did not affect the right of Jacobite faction to conduct religious rites in the church. They contended that the Supreme Court has not given any right for take over and police protection.
The respondent had opposed these contentions by saying that a contemnor should not be allowed to enjoy the fruits of his contempt and the Court has the power to take necessary steps to prevent it.
Case No: Con. App (C) 8/ 2024
Case Title: Fr. K. K. Mathews, Son of Kuriakose v Rev. Fr. C. K. Issac Cor Episcopa and Connected cases
Citation: 2024 LiveLaw (Ker) 643