Church Feud: Kerala High Court Directs Ernakulam And Palakkad District Collectors To Take Over Possession Of 6 Churches
Manju Elsa Isac
6 Sep 2024 4:15 AM GMT
The Kerala High Court has directed the Collectors of Ernakulam and Palakkad districts to take over possession of six churches involved in the Orthodox – Jacobite faction feud.
Justice V. G. Arun 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 bench was dealing with a civil contempt petition.
The Ernakulam Collector is 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. The Palakkad District Collector will take over the possession of St. Mary's Orthodox Church, Mangalam Dam, St. Mary's Orthodox Syrian Church, Erickinchira and St. Thomas Orthodox Syriian Church, Cherukunnam.
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 has 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.
Interestingly, the respondents argued that under contempt jurisdiction the Court can only punish the contemnors and cannot pass directions to give effect to its order. However, the Court observed that it cannot remain a mute spectator when the orders of the court are disobeyed.
"It needs no reiteration that disobedience of court orders strikes at the root of the rule of law on which the judicial system rests. If conduct which tends to bring the authority of the court and the administration of law to disrepute is allowed to be perpetuated that will result in the entire system being maligned. It is the bounden duty of every court to uphold the majesty of law and maintain the purity of the system," it said.
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
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