Kerala HC: Civil Court Must First Decide Church Dispute Before Police Protection
The Kerala High Court has disposed of appeals filed by members of the Jacobite faction concerning the management of six churches in Palakkad, Ernakulam, and Kollam, expressing hope that measures proposed by the State would ensure lasting peace in the long-standing Orthodox-Jacobite Church dispute.
A Division Bench comprising Justices A.K. Jayasankaran Nambiar and A.K. Preetha, while ruling on a plea against granting police protection over Church properties on Thursday, stated that the claim over the management of the Church and possession of its properties needed to be decided by a competent civil court first, before any decision on protection could be made.
The court acknowledged a report filed by Additional Advocate General P.A. Mohammed Shah, which stated that the Chief Minister of Kerala had proposed to mediate between the denominational heads of both factions to settle the dispute. The Bench observed that while it was generally preferred that the State remain neutral in religious matters, when disputes lead to disruption of law and order, it becomes the duty of the State to restore peace through mediation or, as a last resort, through executive action or legislation.
The Orthodox faction had sought police protection based on a Supreme Court order that affirmed its right to manage the Malankara churches. Earlier, the court had directed the District Collectors of Ernakulam and Palakkad to take over possession of the respective churches in contempt petitions filed by the Orthodox faction, citing non-compliance with a court order granting police protection.
However, in March 2026, the court had examined whether a High Court can direct civil administration to take over physical possession of religious places, and if so, to what extent such intervention would be justified in a dispute relating to religious affairs. The court found that while the Supreme Court order could be used to resolve disputes regarding management of the Church, a police protection order to enforce a civil right can only be passed if there is a violation of a civil court order that has concluded such a right.
The Division Bench concurred with this view, finding that the dispute over the Church and its properties had not been decided in a civil court as it should have been. It held that it would be an abuse of the process to permit a person to approach the court for protection of a claimed property without first establishing his right of possession in a civil court.
