Church dispute: High Court cancels order directing government to take over six churches

KOCHI: The Division Bench of the High Court has cancelled the interim order of a Single Bench that had directed district collectors to take over six churches in Ernakulam and Palakkad districts, where disputes between the Orthodox and Jacobite factions are ongoing.

The Division Bench clarified that such directions cannot be issued in petitions seeking police protection in church disputes. The order was passed by a bench comprising Justices Anil K Narendran and S Murali Krishna while allowing contempt appeals filed by the government and the Jacobite faction.

The Single Bench had earlier ordered the district administration to take over six churches: Pulinthanam St. John’s, Odakkali St. Mary’s, Mazhuvannoor St. Thomas in Ernakulam district, and Mangalam Dam St. Mary’s, Erikkinchira St. Mary’s, and Cherukunnam St. Thomas in Palakkad district. The Division Bench’s decision has provided relief to the Jacobite faction, which currently holds control of these churches.

Due to opposition from believers, authorities had earlier been unable to take over the churches, leading to contempt proceedings against officials.

Police protection petitions cannot replace civil suits
The Division Bench stated that petitions seeking police protection cannot replace civil suits that decide ownership or management rights over properties. It added that such arguments do not apply in the case of these six churches. The court also directed the Single Bench to proceed further in the contempt petitions filed earlier by the Orthodox faction after considering legal aspects.