The Kerala High Court on Tuesday ruled that civil administration cannot take over parish churches involved in religious disputes, quashing a 2024 order of a single bench directing the collectors of the Ernakulam and Palakkad districts to take over the possession of six churches involved in the Orthodox – Jacobite faction feud.
Allowing the appeals challenging the 2024 order of the single bench direction, a division bench comprising Justice Anil K Narendran and Justice Muralee Krishna S ruled that civil administration cannot take over parish churches involved in religious disputes 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, the court said.
“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 said.
The court clarified that while it can act to ensure compliance with supreme court orders regarding church administration, it cannot authorize the state to take direct control of the properties.
The bench observed that each church dispute must be considered individually based on its specific administrative circumstances.
The ruling is the latest development in a century-old conflict between the Malankara Orthodox Syrian Church and the Jacobite Syrian Christian Church. While a 2017 Supreme Court verdict upheld the 1934 Constitution and gave the Orthodox faction administrative rights, physical takeovers have frequently led to violent resistance and legal battles over the method of implementation.