Courts Can't Order State To Take Over Churches Involved In Religious Disputes: Kerala High Court Sets Aside Takeover Of Six Churches

The Kerala High Court on Tuesday (March 24) allowed the appeals filed challenging a 2024 order of the Single Judge directing the Collectors of Ernakulam and Palakkad districts to take over possession of six churches involved in the Orthodox – Jacobite faction feud.The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. pronounced the order in open court:"In a dispute relating 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 over possession of the church. In appropriate cases where 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 is no law and order issues in the conduct of religious services and other affairs to said church in accordance with the 1934 Constitution as held by the Apex Court..."The Court also went in detail about various other issues in the judgment, which has been divided into separate chapters. 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.Thereafter, in May 2023, the High Court had ordered adequate protection for vicars and parishioners of the Orthodox faction in a batch of petitions filed by them over hindrance caused by the Jacobite faction and their agents in the various kurisupallies under the respective Churches in performing the religious rites.Since the afore order was not complied with, contempt petitions were filed and the Single Judge directed the Collectors of Ernakulam and Palakkad districts to take over possession of six churches involved in the feud. Appeals were filed challenging the order before the Division Bench, which dismissed the appeals in October 2024.Subsequently, the matter reached the Apex Court and the direction permitting State authorities to take over the churches was set aside. Further, the appeals were remitted back before the Division Bench for fresh consideration and further, for considering certain issues formulated by it. Case No: Con. App (C) 8/ 2024 and Connected casesCase Title: Fr. K. K. Mathews, Son of Kuriakose v. Rev. Fr. C. K. Issac Cor Episcopa and Connected casesCitation: 2026 LiveLaw (Ker) 166Counsel for the appellants: Naveen Nath (Sr.), S.M.Prasanth, K.Ramakumar (Sr.), T.Ramprasad Unni, Aswini Sankar R.S., Shehin S., Sreenath Vijayaraghavan, P.Vijayaraghavan ((Palayil), P.V.Elias, S.M.Prasanth, Vishnu Satheesan, Saji Varghese Kakkattumattathil, Amalendu A., Shyam Padman (Sr.), Sajan Vargheese K., Liju. M.P, Saji Varghese Kakkattumattathil, Amalendu A., V.V.Asokan (Sr.), Asok M.Cherian - Addl. Advocate General, T.S. Shyam Prasanth - Senior G.P.Counsel for the respondents: Roshen.D.Alexander, T.S.Shyam Prasanth, Tina Alex Thomas, Harimohan, S.Sreekumar (Sr.)Click to Read/Download Judgment

Courts Can't Order State To Take Over Churches Involved In Religious Disputes: Kerala High Court Sets Aside Takeover Of Six Churches

K. Salma Jennath

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