Kochi, March 24 The Kerala High Court on Tuesday overturned the single judge's 2024 order directing the district collectors of Ernakulam and Palakkad to take control of the three churches each, which were involved in the Orthodox-Jacobite feud within the Malankara Church.
This factionalism in Kerala dates back to the early 20th century, stemming from disagreements over ecclesiastical authority and church governance.
The dispute between the two factions has been ongoing, with numerous court battles over church ownership and authority, and the Supreme Court intervening and ruling in favour of the Orthodox faction in several cases.
A bench of Justices Anil K Narendran and Muralee Krishna S said that in a dispute related to the religious affairs of a church, which is a Parish Church governed by the 1934 constitution, "the High Court cannot direct the civil administration to take possession of the church."
"In appropriate cases, when repeated disobedience of the decree passed by the competent court has resulted in a law and order situation, the High Court, being the constitutional court, can render justice by granting police protection to ensure that there are no law and order issues in the conduct of religious services and other affairs in the said church, in accordance with the 1934 Constitution," the bench said.
The 1934 constitution was adopted by the Orthodox faction of the church, while the Jacobite group is opposed to it.
The Supreme Court has confirmed the 1934 constitution of the Malankara Church.
In this particular case, the single judge's August 2024 order directing the district collectors to take control of the six churches was issued after the high court's repeated directions to not prevent the conduct of religious services in accordance with the 1934 constitution were not implemented.
The single judge's order was challenged by those opposed to the 1934 constitution.