Jacobite-Orthodox faction feud: Kerala HC sets aside single judge order on taking over possession of six churches

A Division Bench of the Kerala High Court on Tuesday set aside a single judge order directing the District Collectors of Ernakulam and Palakkad to take possession of six churches involved in the dispute between the Jacobite and Orthodox factions of the Malankara Church.

A Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. observed that the single judge could proceed with the contempt cases filed in this regard, while hearing pleas challenging the takeover.

The court had in 2024 upheld the single judge’s directive to the District Collectors of the two districts to take possession of the six churches under the control of the Jacobite faction. The single judge’s order was passed on a contempt petition dismissing an appeal filed by the Chief Secretary and the District Collectors concerned.

Subsequently, the State filed an appeal in the Supreme Court, maintaining that the directive of the High Court to the District Collectors to take possession of the churches was beyond the contempt jurisdiction of the High Court.

The apex court then set aside the High Court judgment and remitted the matters to the Division Bench of the High Court, directing it to decide the controversy afresh after hearing all the parties concerned.

The Additional Advocate General submitted that an attempt to take over the churches could lead to law and order problems and even result in loss of human lives.

On Tuesday, the Division Bench held that the High Court cannot direct the civil administration to take possession of a church in a dispute relating to the religious affairs of parish churches governed by the 1934 Malankara Church Constitution.

In appropriate cases, when repeated disobedience of the decree passed by the competent court had resulted in a law and order situation, the High Court, being the constitutional court, can render justice by granting police protection to ensure there were no law and order issues in the conduct of religious services and other affairs in the said church in accordance with the 1934 Constitution.

It would be an abuse of process for a writ petitioner to approach the High Court under Article 226 of the Constitution of India seeking a writ of mandamus directing the police authorities to protect his claimed possession of a property without first establishing his possession in an appropriate civil court, the court observed and set aside the single Bench order.