Appeal against takeover of Kothamangalam church

A Division Bench of the Kerala High Court on Wednesday dismissed the appeals filed by the State government and the Jacobite faction of the Malankara Church against a single judge’s order directing the Ernakulam District Collector to take over the Kothamangalam Marthoman Cheriyapally and all its properties and hand them over to the vicar of the Orthodox faction after removing the protesters from the church premises.

The Bench comprising Justice A.M. Shaffique and Justice V.G. Arun, while dismissing the appeals, observed that it had become necessary for the court to issue appropriate directions in order to maintain law and order and to ensure that rule of law was adhered to by all concerned, including the majority group which had lost their battle before a civil court.

SC order supreme

The orders of the Supreme Court were to be complied with in letter and spirit and the losing party could not take law into their hands.

The court said the government and its machinery had to be utilised for maintaining law and order and to ensure that rule of law prevailed over all the opinion expressed by a dissident faction.

When the law was laid down and the apex court had specifically declared that the management of the church had to be done in accordance with the 1934 Malankara Church constitution, no one else could prevent the administration of the church by using force.

The court said the district administration and the police had a duty to ensure that the court order was complied with.

When the single judge had issued directions to the Collector and the police under Article 226 to enforce the order, such directives could not be found fault with.

In fact, the single judge had issued the directions to enable the vicar to conduct the services when he was prevented from entering the church. No grounds were made out to interfere with the single judge's directives, the Bench observed.