Church takeover: Kerala HC seeks stand of govt. on enforcing court directive

A Division Bench of the Kerala High Court on Wednesday asked the State government to inform the court of its stand on the implementation of a single judge’s directive to take over the Kothamangalam Marthoma church and hand it over to the Orthodox faction vicar.

The Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C. P. made the oral observation when an appeal filed by the State government against a single judge’s order directing the Central Reserve Police Force (CRPF), Thiruvananthapuram to take over the Kothamangalam Marthoma church if the Ernakulam District Collector did not implement the court’s earlier directive in this regard, came up for hearing.

The court also reminded the State government of its responsibility to comply with the court orders. The government was bound to act in aid of the Supreme Court and the government should not shirk its constitutional duties. The court could not turn a blind eye to the failure of the government to exercise its constitutional duties.

The court also reminded the government that while exercising its duties by enforcing the court orders lawfully, it should not side with any parties. The court also orally observed that a single judge must have issued the directive to the CRPF to take over the church if the District Collector did not implement its earlier order as it perhaps felt that the government did not implement its orders. What was wrong with the directive, the court asked. In fact, the government should have avoided such situations.

The court posted the appeal on August 10 for further hearing.