Kerala High Court overturns single bench order for government takeover of 6 Malankara Churches
Kochi: In a major legal development, the Kerala High Court has quashed a previous directive by a single bench that had ordered the state administration to take control of six churches embroiled in the long-standing Malankara Church factional dispute.
The original 2024 order had instructed the District Collectors of Ernakulam and Palakkad to take over three churches each. These properties are at the centre of a bitter rivalry between the Orthodox and Jacobite factions, a feud regarding ecclesiastical authority that dates back to the early 20th century.
The ruling of the division bench
A division bench, comprising Justice Anil K Narendran and Justice Muralee Krishna S, ruled that the High Court lacks the jurisdiction to direct civil authorities to seize possession of Parish Churches. The bench emphasised that these institutions are governed by the 1934 Constitution of the Malankara Church—a document previously upheld by the Supreme Court of India.
The court clarified the role of the judiciary in such religious disputes:
Administration: The High Court cannot order the civil administration to take over the day-to-day possession of a church.
Police protection: In instances where court decrees are repeatedly ignored, leading to potential law and order crises, the High Court may grant police protection. This ensures that religious services can be conducted peacefully and in accordance with the 1934 Constitution.
Context of the conflict
The 1934 Constitution is the primary point of contention; it is strictly followed by the Orthodox faction but rejected by the Jacobite group. Although the Supreme Court has confirmed the validity of this constitution, ground-level implementation has remained a challenge.
The single judge's August 2024 order for a government takeover was initially prompted by the failure to implement prior court directions regarding the conduct of religious services. This latest ruling came after those opposed to the 1934 Constitution challenged the takeover directive.
PTI