Kochi, Aug 13 The Kerala High Court on Thursday allowed appeals by the Jacobite faction against a single-judge order granting police protection to the Orthodox faction and handing over six church properties to it.
A bench of Justices A K Jayasankaran Nambiar and Preeta A K said police protection could not be used to take possession of church properties when the claim over them had not been decided by a competent civil court.
"When it comes to enforcement of a civil right, such as a right to possession of the properties of the Church, police protection orders can be passed only if there is a violation of a decree of a civil court that has adjudicated the said right," it said.
The bench said it would be an abuse of the legal process to allow a person to approach the High Court for a writ of mandamus directing the police to protect his claimed possession of a property without first establishing his claim before an appropriate civil court.
The court, accordingly, set aside the single-judge order providing police protection to the Orthodox faction and said both factions could approach the civil court to have their claims over possession of the church properties adjudicated.
While allowing the appeals, the court also took note of the state government's proposal to initiate mediation under the chief minister, who has personally taken up the matter, with the denominational heads of both factions to seek an amicable settlement to their long-standing dispute.
The bench expressed hope that the measures proposed by the state government would yield effective results.
It said that, in matters of governance, it was preferable for the state to adhere to the principle of neutrality and exercise restraint and avoid interference in religious matters, except when they involved infringement of citizens' rights in temporal matters.
"However, when disputes arise among the citizenry on such matters, leading to law and order situations affecting the public at large, then it becomes the duty of the state to intervene through mediation, conciliation or, as a last resort, through executive action or even legislation, to ensure lasting peace and social order among the public at large," the bench said.
The Malankara Orthodox Syrian Church, meanwhile, welcomed the government's mediation efforts.
In a statement, it said the High Court had recommended that claims over rights in the church properties be decided by a civil court, which was also what the Malankara Orthodox Syrian Church wanted.
The dispute between the two factions has its roots in the early 20th century and stems from disagreements over ecclesiastical authority and church administration.
The dispute has continued through numerous court battles over church ownership and authority, with the Supreme Court intervening in several cases and ruling in favour of the Orthodox faction, including upholding the validity of the 1934 Constitution.
The Jacobite faction has opposed the 1934 Constitution, which governs the administration of the Malankara Orthodox Syrian Church.
