Kerala High Court upholds single-judge order to take possession of 6 churches

A Division Bench of the Kerala High Court today dismissed appeals filed by the State and Jacobite Christians challenging a single judge's order directing District Collectors to take possession of six churches embroiled in the Orthodox-Jacobite dispute. [Fr KK Mathews v Rev Fr CK Issac Cor Episcopa and connected cases].The Division Bench noted that the directive under challenge was passed in a contempt case and intended to prevent the violation of earlier orders.Justices Anil K Narendran and PG Ajithkumar concluded that the directive was well within the single-judge's contempt jurisdiction and that the single judge had acted within the boundaries of law. .The matter is linked to a long-standing dispute between the Orthodox and Jacobite factions of the Malankara Christian Church.The Orthodox faction, which pledges allegiance to the Malankara Metropolitan in Kerala, has been locked in a legal battle with Jacobites, who owe their allegiance to the Patriarch of Antioch.Their court battles primarily revolve around which faction has administrative rights over several churches in Kerala.In 2017, the Supreme Court, in KS Varghese v. St. Peter’s and Paul’s Syrian Orthodox Church and Others, ruled in favor of the Orthodox faction, basing its judgment on the 1934 Constitution, which outlined the administration of the Malankara Church.Despite the ruling, the Orthodox faction has repeatedly complained that the judgment was not being implemented..One such complaint was raised in a contempt petition filed by Orthodox church members (petitioners), which was recently heard by Justice VG Arun. The petitioners pointed out that by an order passed in 2022, the High Court had allowed Orthodox faction to enter and perform religious services at some disputed churches. However, they alleged that Jacobite parishioners were obstructing the Orthodox faction from entering these churches. Justice Arun took a serious view of such blatant disobedience of court orders. Therefore, on August 30, the single judge ordered the District Collectors of Ernakulam and Palakkad to take possession of six disputed churches where the obstruction persisted..This was challenged by both the State and the Jacobite faction (appellants) who argued that the single-judge had overstepped his contempt jurisdiction in passing such directions. They contended that in contempt cases, the Court should only punish violations of court directives or frame contempt charges for such violations. The single judge could not have issued administrative directions like ordering collectors to take possession of churches, the appellants said. The Court today dismissed the appeal, concluding that the single judge's decision was only aimed at enforcing compliance with the Court’s earlier directives..Senior Advocate K Ramkumar, advocates Saji Varghese and Sajan Varghese are among the counsel who represented Jacobite members. Orthodox members who filed the contempt petition (respondents in the present appeal) were represented by Senior Advocate S Sreekumar, assisted by advocates Roshan D Alexander, Tina Alex Thomas, Harimohan, and Kochurani James.Additional Advocate General Ashok M Cherian appeared for the State. .[Read Judgement].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.